Another Section 101 Ruling from Waco
Another Waco case ruling on a defendant’s claim that the asserted claims are unpatentable subject matter.
Divisions
Motion for Venue Discovery
Plaintiff sought “targeted venue discovery” based on arguments made by the defendants at a recent hearing on the defendant’s motion for reconsideration of denial of their prior venue motion.
Motion to Strike Claim Construction Expert’s Declaration
As I posted several months ago, and more recently in connection with a recent decision, last year’s EDTX rule changes included a new requirement regarding expert disclosure at the P.R. 4-3 stage. We now have a second opinion interpreting the new provision in light of a dispute that has arisen over it.
Motion to Compel Mediation Denied
The plaintiff in this case sought an order compelling mediation. Based on the briefing, apparently all the parties are engaging in objectionable conduct, but it didn’t really matter to the outcome – the motion was denied.
Motion to Transfer Venue Based on “First to File” Rule Granted
Of all the opinions Judge Hall authored while I clerked for him, Texas Instruments, Inc. v. Micron Semiconductor, Inc., 815 F. Supp. 994, 997 (E.D. Tex. 1993) seems to be the most-cited. While the case dealt with several issues, its central holding, that once the “substantial similarity” test is met, the “first-to-file” rule accords the first-filed court the responsibility to determine which case should proceed, was the part of the opinion cited again by Judge Gilstrap earlier this month in transferring a case.
Cross-motions for Sanctions Denied
The parties filed cross-motions for sanctions arising out of conduct in a deposition, resulting in an order from Judge Albright.
Welcome to the bench Judge Truncale
Michael Truncale was sworn in to start work as the newest EDTX judge yesterday in Beaumont. (You can tell because the door says “judge” and he’s holding what appears to be a stack of Bibles)
Preserving Confidentiality Designations
I don’t know what’s in the water in Marshall and Waco these days, but there are protective order issues popping up everywhere for some reason, including this recent one from Judge Albright’s court in Waco.
Claim Construction Report & Recommendation Adopted in Part
Judge Albright issued the attached order adopting the special master’s report & recommendation on claim constructions, with one exception.
Pretrial Conference Orders
Pretrial conference orders are usually like watching a golf game. Everything’s normal and quiet, but then once in a while suddenly a kraken comes out of the pond and seizes one of the golfers. Most of the time reading pretrial conference orders are about as exciting as watching golf too – but I keep reading anyway to see if something like the scene in this commercial happens. This order is the result.