Texarkana limines
We haven’t got Judge Craven much longer. So we need to enjoy her rulings while we still can.
EDTEXWEBLOG
EDTX local rule changes
The court just issued a set of local rule changes, effective December 1. The changes affect only L.R. AT-2(b) dealing with reciprocal attorney discipline.
Motion to Strike Damages Expert
The court struck three paragraphs and two bullet points. Knowing why helps make sure the same doesn’t happen to my expert.
“You point out right now the person in this room who you think is brave enough to ask that question upstairs.”
Um. Okay, I think we’ll drop that motion in limine topic.
2021 EDTX Bench Bar Begins – Dedication to Clyde M. Siebman
The 2021 bench/bar kicked off this afternoon with both a posthumous dedication to Clyde Siebman, who is remembered as the founder of both the EDTX bar association and the annual conference.
Chief Judge Gilstrap welcomed attendees and announced that registrations are up over 100 from the conference’s prior high, with over 500 attendees at this year’s conference.
We just started the first panel on remote hearings, and for my sins I have been ordered to comoderate the last panel of the day, a panel on lawyers talking to the media. It’s been said the last session before lunch is a terrible slot – actually the worst slot is the slot that is between a roomful of lawyers and the open bar at tonight’s reception.
Seriously, it’s going to be a lot of fun (the panel, not the bar) – Eric Findlay and I will be talking to Wes Hill, Tom Melsheimer and Morgan Chu about how to interact with the media about cases.
Happy Columbus Day
From ours (complete with geeky straw) to yours.
Infernal Verdict
A Marshall jury found the claims not infringed and invalid.
Strike 3 (Bit)Torrent
People have asked me recently why we decided to open a second office in the Sherman Division, since we already have a large office in Frisco. Here’s an example of why.
Waco gets a lot of attention these days, and rightfully so, but yesterday alone there were 18 IP cases filed in the Sherman Division of the EDTX – 11 patent infringement cases filed by two plaintiffs, as well as seven more copyright infringement cases. (I’m not even going to start about the non-IP civil or the criminal dockets, both of which are monstrous, statistically speaking).
And the copyright infringement cases are interesting ones – they represent an additional batch of cases brought by Strike 3 Holdings LLC against a number of John Doe subscribers arising out of Strike 3’s claim that the defendants have illegally downloaded their adult entertainment products using BitTorrent. These are not new cases in the Sherman Division – judges already have numerous such cases on the docket, and in one, Judge Sean Jordan recently addressed the first issue that comes up in these cases, which is the plaintiff’s request for discovery to the John Doe defendants’ Internet service providers (ISPs) to identify the defendants so they can be served with process, and the protective order terms under which the discovery will take place.
The case included 11 defendants when the order issued in June of this year, and many more defendants have been added, not to mention the ISPs affected. Under this order the ISPs are served, who in turn serve the numerous individual defendants, who can then seek relief with respect to the subpoena, including having their attorneys contest the subpoena, in whole or in part, if they so choose.
Dozens of additional parties added in these new EDTX cases, and all assigned obligations as a result of one day’s filings. Some in Plano, and some in Sherman. The boots are on the ground to handle it if needed – but in this line of work, they need desks too. Or at least wifi, a power outlet, and a copy of the local rules.
Infernal Issue Preclusion
No issue preclusion or eve of trial claim construction do-over.
Motion To Dismiss For Lack Of Personal Jurisdiction
The court concluded that it lacked personal jurisdiction over the defendant, and transferred the case to the SDNY.