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Texarkana

Motion To Compel Supplementation Of Contentions

May 6, 2022May 6, 2022 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Texarkana, TEXIPLAWBLOG

Photo by Carol M. Highsmith

The issue was whether the plaintiff would be required to supplement its infringement contentions.

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Motion for Entry of Judgment Under FRCP 68

December 29, 2021December 29, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Texarkana, TEXIPLAWBLOG

Photo by Carol Highsmith
Photo by Carol M. Highsmith

You don’t often see FRCP 68 used to terminate a patent case.

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Texarkana limines

October 21, 2021October 21, 2021 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge Caroline Craven, Limine Motions, Texarkana, TEXIPLAWBLOG

We haven’t got Judge Craven much longer.  So we need to enjoy her rulings while we still can.

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Deposition Time

August 2, 2021August 2, 2021 msmithDiscovery, EDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Texarkana, TEXIPLAWBLOG

Photo by Carol M. Highsmith

The defendants sought more time for the deposition of the plaintiff’s corporate deponent, who is its sole employee and the inventor on the patent in suit.

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Counterclaim win

April 22, 2021April 22, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Texarkana, TEXIPLAWBLOG, Verdicts

Wile E. Coyote might find this fact situation familiar.

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Motion to Stay Pending Ex Parte Review & Motion to Continue Because COVID

March 16, 2021March 16, 2021 msmithCOVID-19, EDTEXWEBLOG, EDTX IP, Extensions/Continuances, Judge Robert W. Schroeder III, Stays, Texarkana, TEXIPLAWBLOG

Photo by the magnificent Carol M. Highsmith

Yes, I mean ex parte review – both IPR-based stay motions were denied last year.

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Summary Judgment And Expert Rulings

December 22, 2020December 22, 2020 msmithEDTEXWEBLOG, EDTX IP, Experts, Judge Robert W. Schroeder III, Summary Judgment, Texarkana, TEXIPLAWBLOG

This lengthy (61 page) opinion contains rulings on numerous summary judgment and expert motions.

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Renewed Motion For Stay Pending IPR

December 1, 2020December 1, 2020 msmithEDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Stays, Texarkana, TEXIPLAWBLOG

You know how you can ask for both an appetizer and a salad?  It turns out you can actually do that with motions to stay as well. (I mean ask).

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Motion for COVID-Related Extensions Denied Without Prejudice

September 15, 2020February 15, 2021 msmithCOVID-19, EDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Texarkana, TEXIPLAWBLOG

These were my favorites with the boys. Turn out that “Use Your Words” is helpful advice in my day job as well.

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Amending a Judgment

September 2, 2020September 2, 2020 msmithEDTEXWEBLOG, Judge J. Rodney Gilstrap, Texarkana

Final judgments aren’t really final as long as we have FRCP 59 – as this amended judgment shows.

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Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) 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 Scheef & Stone, 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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