Just got out of the Marshall patent scheduling conferences originally scheduled for last month, so here’s the relevant information re: cases heard and time to Markman and trial.
On September 27, the U.S. District Courts for the Eastern District of Texas and the Western District of Arkansas held what is believed to be the first joint naturalization ceremony, conducted on the front steps of the federal courthouse that sits on the state line dividing Arkansas and Texas in Texarkana.
The program was presented by
Beaumont Magistrate Judge Keith Giblin was this year’s Judge John Hannah award recipient. He is the first award recipient who is also licensed to drive 18 wheelers and conduct religious services.
I’m watching the lead counsel for both sides in the Buc-ee’s trademark litigation discuss the case on a panel. This is just awesome. (No jerky, alas).
The panels have been coming fast and furious over the past couple of days, and culminated in the conference dinner at AT&T Stadium last night.
Attendees heard from agents that helped take down Columbia’s druglord Pablo Escobar, and then saw special presentations to federal law enforcement that have played important roles in stemming the flow of illegal drugs. The evening concluded with the traditional toast in honor of the Seventh Amendment.
The EDTX judges took a new portrait this morning now that the entire bench is filled. While the bench was filled for several weeks in late 2011 and early 2014, this is the first time in recent memory that all eight district court slots have been filled.
Judge Gilstrap opened the 23rd EDTX bench bar conference by encouraging attendees to considering representing victims of domestic violence, and dedicated this year’s conference to Senior U.S. District Judge Richard Schell of Plano, a.k.a. The Godfather of the EDTX bench/bar, as he was chief judge when the conferences began. Conference chair Clyde Siebman reported a record 550 registered this year, including over 100 judges.
Started off this morning with the new judges panel pt 1 with Judges Cam Barker and Sean Jordan. Next is Toyota tour/shooting/golf. New Guidebook app for the conference is a big help.
Registration for next week’s bench/bar has already set a record with over 500 attendees, and over 400 are signed up for the dinner at AT&T Stadium. Like a lot of readers, I’m packing up and getting ready. In my case, that means finishing preparations for the panel Wes Hill and I are co-moderating Monday afternoon “Looking Down from Above: What Mere Mortals Could Do Better as Seen from on High.” Our panelists are:
- Chief Judge Sharon Prost, CAFC
- Senior Judge William Bryson, CAFC
- Chief Judge Rodney Gilstrap, E.D. Tex.
- Chief Judge Leonard Stark, D. Del.
Again, for more information on the event, go to https://edtxbenchbar.com/ but here’s the complete schedule. Get a cup of coffee first – this is going to take a while.
Sunday, September 22
6:00 PM–Bench Bar Conference Leadership Muster. (By Invitation)
Monday, September 23
7:00 AM–Breakfast and Photo Session for EDTX Judges.
7:45 AM–Breakfast Opens for All Conferees.
8:30 AM–Looking Behind the Pine Curtain. Secrets from the Newest Chambers of EDTX, Volume 1. Clyde Siebman, Siebman Forrest Burg & Smith, LLP (Facilitator) with Judge J. Campbell Barker, E.D.Tex. & Judge Sean Jordan. E.D. Tex.
9:30 AM–Breakfast Concludes. Social Activities Begin.
9:45 AM–Tour of Toyota Headquarters –Limited Availability. Rosalyn Mitchell,
10:15 AM–Shooting at Frisco Gun Range –From Marksmen to First Time Shooters –From Handgunsto Full-Auto Experience -Darby Doan, Haltom & Doan (Facilitator).Event Sponsor –Haltom & Doan
10:15 AM–Golf at Gleneagles –Chip Molster, The Law Offices of Charles B. Molster, III
12:30 PM –WLED Membership Luncheon –Welcoming Remarks by WLED President ElizabethForrest, Siebman Forrest Burg & Smith, LLP; Vice-President Evelyn Chen, Ericsson and SecretaryAmanda Abraham, The Roth Law Firm
2:00 PM-Opening of the Conference-Clyde Siebman, Eastern District of Texas Bench Bar Conference Chairman; Charles Bundren, Eastern District of Texas Bar Association President; JudgeRodney Gilstrap, Chief Judge, E.D. Tex. and James Brookshire, Executive Director, Federal Circuit Bar Association.Conference Session Chair –Charles Bundren, William Charles Bundren & Associates Law Group.
2:15 PM–Where There’s A Wrong, There’s A Remedy. Looking for Remedies in All the Wrong
3:00 PM–Looking Down from Above. What Mere Mortals Could Do Better as Seen From on High. Wesley Hill, Ward, Smith & Hill & Michael Smith, Siebman Forrest Burg & Smith, LLP (Co-Facilitators); Chief Judge Sharon Prost, CAFC; Senior Judge William Bryson, CAFC; Chief Judge Rodney Gilstrap, E.D. Tex.; Chief Judge Leonard Stark, D. Del. (.5 Ethics)
4:00 PM–The Judges’ Lawyers. Learning from Law Clerks Squawk Box Style. Boone Baxter, Heim, Payne &
5:00 PM–USPTO/PTAB Agglomeration. From Updated Trial Practice Guides and SOPs to Gender Studies on Female Inventors, A Discussion of An Agency on the Move. Hope Shimabuku, RegionalDirector, Texas USPTO (Facilitator); Chief Judge Scott
5:50 PM–CLE Adjourns for the Day. (4.5 Hours of CLE/1.5 Hours Ethics –Day 1)
5:50 PM–Opening Reception Sponsored by StoneTurn Group
7:00 PM–Former Law Clerk Association Membership Reception and
7:00 PM–Buses Depart for Judges and Bar Leaders Dinner (
10:00 PM–Coffee and Cordials with EDTX’s Newest Article III Judges in the Presidential Suite.
10:30 PM -Presidential Suite Remains Open Until Midnight.
Tuesday, September 24
7:30 AM–The Texas Breakfast Opens (Full Hot Breakfast with Texas Cowboy Favorites).Event Sponsor –Findlay Craft, P.C.
Main Track Session Chair –Adam Allgood, Fisch Sigler, LLP.
Non-Patent Track Session Chair –L. Kirstine Rogers, Steckler Gresham Cochran PLLC.
8:45 AM –Exploring Best Practices for SEP/FRAND Litigation. Striking the Balance Between What’s Yours, Mine & Ours. A Sedona Conference Presentation. Matt Powers, Sedona WG10 Chair andWG09 Vice-Chair, Tensegrity (Facilitator); Chief Judge Rodney Gilstrap, E.D.Tex.; Senior Judge James Robart, W.D. Wash.; Eric Hutz, Sedona WG 09 Chair, Reed Smith; Steven Geiszler, Huawei
Non-Patent Track –“Uh. Houston, We’ve Had A Problem” –Criminal Law for Civil Lawyers. ElvinSmith, III, Law Office of Elvin Smith (Facilitator); Josh Russ, AUSA, Civil Chief, E.D. Tex.; Shamoil Shipchandler, Jones Day, Former Regional Head of U.S. Securities and Exchange Commission; Nathaniel Kummerfeld, AUSA E.D.Tex. (.5 Ethics)
9:35 AM–Anti-Trust Implications on the Enforcement of Patents. Rock-Paper-Scissors, When Can a Statutory Prohibition Trump a Constitutionally Granted Monopoly? Max Ciccarelli, Thompson &Knight (Facilitator); Brian Pandya, Deputy Associate Attorney General, U.S. Department of Justice
Non-Patent Track –Magic Keys to Representing Your Client in Criminal Cases in E.D. Tex. Ernest
10:25 AM-Refreshment Break.
10:45 AM-Does Section 101 Need Fixing? Who Should Fix It? What Else Needs
Non-Patent Track –Qui Tam/False Claims Act: He Who Sues for the King …as Well as For Himself —The Modern-Day Privateers. Judge Jeremy Kernodle, E.D. Tex. (Facilitator); Judge Marcia Crone, E.D.Tex.; James Gillingham, AUSA, E.D.Tex.; Karen Glassman, Health & Human Services Office of
11:35 AM–A Fireside Chat with Members of the Federal Circuit: George Pappas, Covington & Burling LLP (Facilitator); Chief Judge Sharon Prost, CAFC; Judge Richard Linn, CAFC; Judge RichardTaranto, CAFC and Senior Judge William Bryson, CAFC.
Non-Patent Track –“Hello. I Think Our Customer’s Bank-Account Records Were Just Stolen” – Cyber-Security and How the Lawyer Should Respond Including Relevant Professional Responsibilities. Camelia Lopez, AUSA, Senior Legal Counsel and Cyber Chief, E.D.Tex. (Facilitator)
12:15 PM-Non-Patent Track -Exercising Prosecutorial Discretion. Practical and EthicalParameters and Priorities for Doing Justice from Cyber Crimes and Trade Secrets to Fraud and OtherWhite-Collar Wrongs. Joseph Brown, United States Attorney, E.D. Tex. (Facilitator); Heather Rattan
Joint Programming –Both Tracks Conference Session Chair –Melissa R. Smith, Gillam & Smith LLP.
12:45 PM–Lunch Presentation: Social Media. Is There Garbage or ValuableEvidence in Those Posts, Chats
2:00 PM–Demonstratives: A Scientific Approach Including Concepts of Visual and Auditory Learning –Britta Erin Stanton, Focal Point (Facilitator); Chrysta Castaneda, The Castaneda Firm; Jennifer Truelove, McKool Smith; Judge Caroline Craven, E.D. Tex.; Chris Schwegmann, Lynn Pinker Cox and Hurst, LLP; Ranga Sudarshan, Covington & Burling, LLP and Clint Townson, PhD., The Focal Point.
2:45 PM–Are Jury Trials Homogeneous? The Practices, Customs and
3:30 PM–Refreshment Break.
3:50 PM–Looking Behind the Pine Curtain. Secrets from the Newest Chambers of EDTX, Volume 2. Clyde Siebman, Siebman Forrest Burg & Smith, LLP (Facilitator) with Judge Jeremy Kernodle, E.D.Tex. & Judge Michael Truncale, E.D. Tex.
4:35 PM–Insights of Former E.D. Tex. Jurors. Going to the Horse’s Mouth. Interviews with Actual Jurors from Closed Cases. Janis Clements, Greenberg Traurig; Elizabeth Forrest, Siebman Forrest Burg& Smith, LLP & Andrea Williams McCoy, Siebman Forrest Burg & Smith, LLP Followed by Interactive Discussion Including Chief Judge Rodney Gilstrap, E.D. Tex.; Judge Nicole Mitchell, E.D.Tex.; Jeffrey Bragalone, Bragalone Conroy, PC; Elizabeth “Betty” DeRieux, Capshaw DeRieux, LLP
5:45 PM–CLE Adjourns for the Day. (8 Hours of CLE -Day 2)
6:00 PM–Buses Available for Loading for 6:40 PM Sharp Departure to AT&T Cowboy Stadium.Note: Check in for the Texas Judicial Dinner Will Occur at Loading of Buses
6:40 PM-Buses Promptly Depart Hotel for AT&T Cowboy Stadium.
7:15 PM–The Texas Dinner in Honor of the Judiciary and the Seventh Amendment –AT&T Cowboy Stadium. Reception and pre-dinner self-guided tours of
8:15 PM-Call to Order -Master of Ceremonies Scott Murray, Emmy Award-Winning Sportscasterand Broadcast Journalist; National Anthem & Patriotic Cowboy Music Monte Warden, Lead Vocalist& Song Writer, The Wagoneers
8:30 PM-Dinner & Conversation
9:00 PM–Presentation by Special Agent Javier Pena, Retired, DEA & Special Agent Stephen Murphy, Retired, DEA, Tell Their Real-Life Stories Behind the Netflix Television Series Narcos, Which Chronicles the International Cocaine Trade Inside Colombia and the Taking Down of Pablo Escobar, as We
9:40 PM–9:55 PM-Keynote Remarks from the Honorable Dr. Nestor Humberto Martinez, Former Attorney General, Republic of Colombia Special Presentation by the United States Attorney’s Office EDTX. Keynote Presentations Facilitated by Brit Featherston, Executive Assistant U.S. Attorney, E.D. Tex
10:15 PM–Annual Toast in Honor of the 7th Amendment -EDTX Bar President CharlesBundren & Bench Bar Chairman Clyde Siebman10:30 PM–First Bus Departs for Hotel When Full.
11:00 PM-Last Bus Departs for Hotel.Presidential Suite Opens until Midnight Thirty for Night Caps.
Wednesday, September 25
7:00 AM –8:30 AM–Texas Buffet Breakfast, A Touch of Tex-Mex –All Conferees Event Sponsor –Baker Botts
7:30 AM –Judges Only Breakfast with EDTX Local Rules Advisory Committee
7:30 AM –EDTX Bar Association Board of Director and Membership Breakfast Meeting
Non-Patent Track Session Chair –Lisa Flournoy, Flournoy & Flournoy
Main Track Session Chair –E. Glenn Thames, Jr., Potter Minton PC.
8:30 AM–General Counsel Panel. What Annoys and What Brings Joy? Leading General CounselAddress Topics Ranging from Law Firms to Courts. Hilda Galvan, Jones Day (Facilitator); JasonCohen, General Counsel, Dallas Cowboys; Lanesha Minnix, Senior Vice President & Chief LegalOfficer, Flowserve Corporation, Sandra Phillips Rogers, Group Vice President, General Counsel,Chief Legal Officer and Chief Diversity Officer, Toyota North America, Inc. and Hiram Sasser,General Counsel, First Liberty Institute
Non-Patent Track –Digital Millennium Copyright Act. Title 17 U.S.C. 1201 et seq. Civil Remedies to Criminal Penalties. What’s the Worst Thing That Can Happen if You “Crop” the © From anInternet Photo? Alexandra McNicholas Bernier, Career Law to Judge Keith Giblin E.D. Tex
9:20 AM–E-Discovery from Preservation to Proportionality. How to Keep the Cost from Swallowing the Right to Trial by Jury? Rosalyn Mitchell, Managing Counsel, Toyota Motor NorthAmerica, Inc. (Facilitator); Judge Kimberly Priest Johnson, E.D. Tex.; Judge Andrew Peck, S.D.N.Y.
Non-Patent Track –A View from the Top. Judges Reflect on Criminal Law Best and WorstPractices. Ryan Gertz, The Gertz Law Firm (Facilitator)
10:10 AM-The Impact of People, Processes & Technology on E-Discovery. Using Technology to Sort Through the Haystack. Joey Seeber, CEO of Level 2 Legal Solutions (Facilitator)
Non-Patent Track –Fundamentals of Trademark Infringement as Punctuated in Buc-ee’sLitigation. Is That Big Beaver a Bully, or Just Building a Dam Around Its Lawful IP Rights? DoneanSurratt, Orgain, Bell & Tucker, LLP (Facilitator); H. Tracy Richardson, III, Deputy General Counsel &Head of Litigation, Buc-ee’s Ltd.; Stephanie Barnes, Attorney at Law; Charles Hanor, Hanor LawFirm & Professor of Law, St. Mary’s University School of Law; Jeannie Heffernan, Kirkland & Ellis,LLP and Brian Resler, Assistant Deputy Chief for Litigation, Computer Crime and
10:55 AM –Refreshment Break
Joint Programming –Both Tracks Conference Session Chair -Jennifer Ainsworth, Wilson, Robertson & Cornelius, PC.
11:10 AM–Best Practices for Getting to Yes. Mediation Strategies and Tactics Through
11:55 PM-If I Could Put Time in a Bottle & Other Innovative Things. A Discussion of Timed Trials, Mini-Openings, Interim Arguments, Striking Through the Panel and Jurors Who Ask Questions. Mike Jones, Potter Minton PC (Facilitator); Chief Judge Rodney Gilstrap, E.D. Tex.; Judge Amos Mazzant, III, E.D. Tex.; Judge William “Trey” Schroeder, III, E.D. Tex.; Jennifer Doan,
12:45 PM–Lunch Program. What Do You Do When You Find Out the Key Piece of Evidence Used to Win at Trial Was Fabricated—ahh Totally Made Up? (LBDS Holding Company, LLC v.ISOL Technology, Inc. 6:11-CV-428) The Story and Ethical Practice Pointers as Told by Those Who Actually Lived It. James Walker, Cole Schotz (Facilitator/Narrator/Panelist); Sanford Warren, WarrenRhoades and Chad Everingham, Akin Gump. (1 Hour Ethics)
2:00 PM-Presentation of the Hannah Award, Charles Bundren, President of E.D. Tex. Bar Association, William Charles Bundren & Associates; Judge Judith Guthrie, Retired, E.D. Tex.; Judge David Folsom, Retired, E.D. Tex.
3:15 PM–Defining and Protecting Corporate Crown Jewels from Civil Litigation to Criminal Prosecution: A Discussion of Trade Secrets Litigation/Prosecution in E.D. Tex. and Beyond. Robert Kantner, Jones Day (Facilitator/Panelist); Judge Robert “Trey” Schroeder, E.D.Tex.; Elizabeth Chiaviello, Morgan Lewis & Bockius LLP; Joe Cleveland, Brackett & Ellis, P.C.
4:00 PM-Conference Concludes (6.75 Hours of CLE/1 Hour Ethics -Day 3)
Joint Meeting of
5:00 PM-Opening Remarks Including Thoughts on Best Inn Practices for Reaching Young Lawyers.
5:15 PM-Remarks from Judge Richard Linn, CAFC on Professionalism, State of the Alliance and
6:00 PM-Reception and Dinner.
8:00 PM-Meeting Adjourns
I ran across this photo this morning while looking for something completely different and thought it might be of interest. It was taken at Eastern District of Texas chief clerk Murray Harris’ retirement in 1992 after 18 years on the
- EDTX Magistrate Judge Robert Faulkner
- EDTX District Judge Joe Fisher
- EDTX Magistrate Judge Wendell Radford
- EDTX Magistrate Judge Earl Hines
- EDTX District Judge Paul Brown
- EDTX District Judge Richard Schell
- EDTX District Judge William Wayne Justice
- 5th Circuit Judge Tom Reavley
- EDTX Chief Clerk Murray Harris
- EDTX Chief District Judge Robert Parker
- EDTX BR Judge Houston Abel
- EDTX District Judge Sam B. Hall, Jr.
- EDTX Magistrate Judge Harry W. McKee
- EDTX District Judge William Steger
- NDTX District Judge Terry Means
- EDTX Magistrate Judge Charles Attaway
Why did the EDTX judges picture include two out of district judges, Judge Tom Reavley