Judge Jeremy Kernodle
Summary Judgment Granted in Part in Non-Compete Case

The enforceability of various “non-” provisions in a contract was at issue on these objections to a report & recommendation.
Tyler Dismissals

Two civil cases out of Tyler today, both resulting in dismissals.
Compelling Attendance at Mediation & Production of Documents

Several disputes concerning the plaintiff in this photo copyright case.
Carmack Claim Denied

No summary judgment on Carmack Claim for you.
Reconsideration?
No Live Testimony

The Court told the parties it didn’t want live testimony at the Markman hearing in this case and on reconsideration confirmed that position.
Stays Pending Reexam & Discovery Conduct
The court stayed this Tyler patent case pending the outcome of IPR and ex parte reexams, but the fact pattern and the stay analysis is worth reviewing.
An Indefinite Smile
I challenge you to find a happier 16 year old than this one, who spent the first day of his summer vacation getting some stick time in a World War II trainer, as reported by the local paper. He was, in fact, smiling as broadly as I expect the defendants were when they got Judge Kernodle’s 122 page claim construction order in this 11 patent case raising over 30 terms, which addressed their indefiniteness arguments. They did pretty well.
FRCP 33(d) Responses
Plaintiff moved to compel a narrative response to an interrogatory in a patent case pending before Judge Kernodle in Tyler. The subject matter was revenues and profits, and the order provides an example of when an answer can rely on FRCP 33(d), and when further information is required to be provided.