Marshall Patent Scheduling Conferences – September 2023
Parking on the square in Marshall is almost becoming an issue as the number of patent cases being heard at scheduling conferences is continuing to increase.
EDTEXWEBLOG
Motion for Leave to Amend Contentions
Judge Payne denied the motion, finding that the plaintiff was not sufficiently diligent with respect to the proposed amended infringement contentions adding additional accused products, and that addition at this stage would be highly prejudicial to defendants. But in a footnote it stated that “[r]ecognizing the potential importance of the amendment, the Court does not foreclose the ability of Finesse to pursue the additional products in a separate proceeding.”
Motion to Dismiss/Transfer Denied
Judge Payne recommended denial of defendant Amazon’s motion to dismiss, finding that venue was proper based on the facts alleged for this stage of the lawsuit, noting that the defendant’s objections relied on disputed facts regarding the use of the accused products in the EDTX. The court also rejected the claim that a forum selection clause require the case to be brought in Washington, and that venue was “clearly more convenient” there.
Motion To Dismiss For Lack Of Standing Denied
The court denied the motion asserting lack of standing, finding that the allegations could be cured by filing an amended complaint. The court also denied the motion to dismiss the claim of pre-suit willfulness, finding it plausibly alleged at this stage of the litigation.
Conflicts of Interest Waived … Mostly
Ruling on the defendant’s objections to the magistrate judge’s order denying its motion to disqualify plaintiff’s counsel, Judge Schroeder noted that while the facts indicate an obvious conflict of interest, the defendant specifically waived most of the conflicts.
Attorneys Fees for Prevailing Defendant in Copyright Case
The prevailing defendant in this copyright case sought an award of fees under 17 U.S.C. § 505. Judge Gilstrap’s opinion sorted through the claims and the parties’ alleged conduct in the case before finally determining the appropriateness of an award of fees, thus giving parties some guidance on when an award of fees in a copyright case is appropriate.
Motions to Dismiss Granted w/Leave to Replead; Motion to Transfer Denied
In this pair of opinions addressing motions by two defendants, Judge Gilstrap granted the motions to dismiss, but with leave to replead, denied a motion seeking to find the defendant’s US subsidiary a necessary party, and denied the motion to transfer.
No More “Ghost Rates” – Rules Implementing “No Surprises Act” Set Aside
U.S. District Judge Jeremy D. Kernodle of Tyler held unlawful seven regulations implemented by the U.S. Department of Health and Human Services and its related federal agencies under the “No Surprises Act” that the plaintiff medical providers argued were being used to delay medical billing payment, increase the cost of billing and ultimately compensate providers at below-market rates.
Baylor Litigation Management LL.M. – Final Semester
I
Just started the last semester of what’s been a very enjoyable and informative LL.M. at Baylor on litigation management. This semester I’ll be doing a deep dive into current trends in e-discovery using the Scheindlin & Capra text, as well as ethical issues in litigation management, expert witnesses, management of complex litigation, complex arbitration & negotiation, and small firm litigation management. And I’ll be wrapping up my research paper – actually two since we do both a short and a long version of our topic. Of course some of these topics are old friends – but one thing I’ve learned in this program is that there’s so much more to learn, even on subjects I’ve been dealing with for over 30 years now, some on a daily basis.
How Trial Settings Work In These Parts
The defendant asked the court to either continue the trial setting or in the alternative, to reorder trials. Judge Gilstrap denied the motion and explains how this all works. And I can add some observations here as well.