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Tyler

JMOL, Remittitur & Motions for New Trial (& 101)

March 28, 2022March 28, 2022 msmithDamages, EDTEXWEBLOG, EDTX IP, JMOL rulings, Judge Robert W. Schroeder III, TEXIPLAWBLOG, Tyler, Unpatentable - 35 USC 101

Pretty solid set of post-verdict motions at issue in this 54 page opinion, which ordered a new trial on damages.

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Verdict in business dispute case in Tyler

January 31, 2022January 31, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Jeremy Kernodle, TEXIPLAWBLOG, Tyler, Verdicts

Tyler Federal Courthouse – Photo: Carol M. Highsmith 

A Tyler jury in Judge Jeremy Kernodle’s court found largely for the defendant in this case, after the parties dropped copyright infringement and other claims during the trial.

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Tyler Jury Trial

March 19, 2021March 19, 2021 msmithEDTEXWEBLOG, Judge Jeremy Kernodle, Tyler, Verdicts

Judge Kernodle just finished what I believe is Tyler’s first in-person trial of the year.

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Doe, A Defendant. An Unidentified Defendant.

February 4, 2021February 4, 2021 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Injunctive Relief, Judge K. Nicole Mitchell (USMJ), TEXIPLAWBLOG, Tyler

54 of them actually, and they are allegedly counterfeiting toys, requiring these findings and injunction.

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Empty Chairs

February 3, 2021February 3, 2021 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge John D. Love (USMJ), Motions to Dismiss, TEXIPLAWBLOG, Tyler

Mrs. Smith is lonesome in a too-quiet home with our twins back in school after a year of remote learning. So is the plaintiff in this case after all its claims were dismissed for failure to state a claim – without leave to replead.

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VirnetX JMOL Opinion

January 19, 2021January 19, 2021 msmithEDTEXWEBLOG, EDTX IP, JMOL rulings, Judge Robert W. Schroeder III, TEXIPLAWBLOG, Tyler

The Court’s unsealed JMOL begins by analogizing VirnetX v. Apple to Dickens’ fictional Jarndyce v. Jarndyce.

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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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Motions “Seeking the Court’s Guidance” on Discovery Scheduling

November 4, 2020November 5, 2020 msmithDiscovery, EDTEXWEBLOG, EDTX IP, Judge Jeremy Kernodle, Liebowitz, TEXIPLAWBLOG, Tyler

Tyler Federal Courthouse – Photo: Carol M. Highsmith 
Uh, don’t do this.  Don’t ask for “guidance” and don’t ask for this relief.

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From $502.6 million to $502.8 on damages retrial.

November 2, 2020 msmithEDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, TEXIPLAWBLOG, Tyler, Verdicts

A Tyler jury in Judge Schroeder’s court provided this essay in consistency Friday afternoon.

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Attendance at Trial & Virus Provisions

October 29, 2020October 29, 2020 msmithCOVID-19, EDTEXWEBLOG, Judge Robert W. Schroeder III, Tyler

Courtroom – U.S. Post Office and Courthouse, Tyler, Texas – Photo: Carol M. Highsmith

Can a foreign witness attend trial without satisfying the relevant virus tests?

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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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