What the Frac/k?
One of the many guilty pleasures of Battlestar Galactica is its use of the term “frak”. Which makes this ruling on a motion to dismiss in a case involving a similarly named party so (frakking) much fun.
WDTX Cases
Claim Construction Order
The attached claim construction order contains ten constructions. Unlike the last order posted on, where all four were plain and ordinary meaning, here only four of the ten are, including one rejection of an indefiniteness claim.
Order Denying Motion to Transfer Waco Case to ND Cal.
Earlier today Judge Albright denied a motion to transfer a Waco patent case to the Northern District of California, in the process setting out some of the standards he applies on such motions.
Another Waco Markman ruling
For you fans of “plain and ordinary meaning” out there, here’s your new favorite opinion.
It’s the Specification …
Some Markman hearings are just more memorable than others. Mine Friday in Judge Albright’s court involved a missing patent, technology that wouldn’t work, phone screen sizes, and a search for magic words that rivalled Jonathan’s frantic search from the Egyptian Book of the Dead in The Mummy (the good one). So Hootash im Ahmenophus everybody, and let me explain what I mean.
Claim Constructions From the Brazos
Practitioners in the Eastern District of Texas are familiar with the practice of some judges to provide preliminary claim constructions shortly before a hearing, or in some cases shortly after. The latter procedure was one followed by Judge Albright in this case – sort of.
Indefiniteness Argument Waived
Waco’s newest “must-see” location is actually not the federal courthouse, nor even the latest Magnolia venue, but instead the new memorial on the riverfront to Waco native Doris Miller, who was awarded the Navy Cross by fellow Central Texan Admiral Chester Nimitz (who was a Fredericksburg boy, you know) for his heroism at Pearl Harbor on December 7, 1941. We visited the memorial, with its statue of Miller and backdrop evoking the iconic cage masts of his battleship West Virginia Sunday afternoon on our way home from camping and Top Gun. Meanwhile, a few blocks away, across the rain-swollen Brazos, Judge Albright continues to crank out opinions, including this one rejecting an indefiniteness argument.
Motion for Stay Pending IPR Filed Right Before Markman Hearing
Dish’s Motion to Stay, filed shortly before the Markman hearing, asked the Court to stay the proceedings in this litigation for six months on the basis that it was going to be filing an Inter Partes Review (“IPR”). I know that you know what the outcome is going to be, but let’s look at the opinion anyway.
Motion for Alternative Service
Effective service of process on foreign corporations sometimes requires seeking leave of court for alternative means of service. This decision by Judge Albright sets out the relevant principles before determining whether the requested alternative means were appropriate under the circumstances.
Payment Disputes With Experts
Another interesting case from the birthplace of Dr Pepper, which has since decamped to the Eastern District of Texas, first as part of Snapple (to Plano) and now as part of Keurig Dr Pepper (to the Star in Frisco). Anyway, this case involves a plaintiff attempting to switch damages experts midstream because of a payment dispute.