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Divisions

Motion for Stay Granted After IPR Instituted

January 13, 2021January 13, 2021 msmithEDTEXWEBLOG, EDTX IP, Marshall, Stays, TEXIPLAWBLOG

Then there’s the renewed motion after IPR is instituted on all asserted claims.

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Multiple Stay Requests Pending IPR Institution Denied

January 13, 2021January 13, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Judge Sean D. Jordan, Marshall, Sherman, Stays, TEXIPLAWBLOG

Judges in Marshall and Plano both denied motions for stays pending IPR institution in the last week.

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Markman & Voir Dire Formatting

January 12, 2021January 12, 2021 msmithClaim Construction, TEXIPLAWBLOG, WDTX, WDTX Cases

What does Judge Albright’s Markman order have in common with the blinky lights on the bridge of the Enterprise?

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Summary Judgment of Noninfringement

January 12, 2021January 12, 2021 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Summary Judgment, TEXIPLAWBLOG

Does the CAFC’s opinion require dismissal?

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Claim Construction (No Indefiniteness)

January 12, 2021January 12, 2021 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Reading this claim construction order isn’t as much fun as the snow this weekend. But then, not much is.

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Anti-Anti-Suit Injunction in Ericsson v. Samsung

January 11, 2021January 11, 2021 msmithEDTEXWEBLOG, EDTX IP, Injunctive Relief, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Welcome from snowy East Texas, where we’re reading the latest in injunctions in the fight between China and Texas courts.

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JMOL in VirnetX Denied

January 8, 2021January 8, 2021 msmithEDTEXWEBLOG, EDTX IP, JMOL rulings, Judge Robert W. Schroeder III, TEXIPLAWBLOG, Tyler

The substantive order isn’t out yet, but the ruling is.

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Stay Denied

January 8, 2021January 8, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Stays, TEXIPLAWBLOG

The issue and outcome are not unusual, but the court’s analysis provides some additional insight into the decision.

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Happy Valentine’s Day, Intel

December 31, 2020December 31, 2020 msmithCOVID-19, TEXIPLAWBLOG, Venue, WDTX, WDTX Cases

The VLSI v. Intel trial is back on in Waco, and the parties have been given a new trial date.

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Partial Dismissals

December 28, 2020December 28, 2020 msmithArcane Pleading Issues, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

For some reason, documenting partial dismissals is not as simple as calling the other side up and saying “yeah, we’re dropping these claims/defenses”. Here’s a way it can be done.

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Welcome!

This weblog focuses on practice in the U.S. District Court for the Eastern District of Texas, as well as intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Siebman, Forrest, Burg, & Smith, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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