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Judge Jeremy Kernodle

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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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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Summary Judgment Granted in Part in Non-Compete Case

October 12, 2020October 12, 2020 msmithEDTEXWEBLOG, Employment Law, Judge Jeremy Kernodle, Summary Judgment, Tyler

Photo: Carol Highsmith

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

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Tyler Dismissals

August 14, 2020August 28, 2020 msmithEDTEXWEBLOG, Judge J. Campbell Barker, Judge Jeremy Kernodle, Judge K. Nicole Mitchell (USMJ), Tyler

Two civil cases out of Tyler today, both resulting in dismissals.

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Compelling Attendance at Mediation & Production of Documents

July 30, 2020July 31, 2020 msmithCopyrights and Trademarks, Judge Jeremy Kernodle, Liebowitz, Tyler

Several disputes concerning the plaintiff in this photo copyright case.

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Carmack Claim Denied

April 17, 2020April 17, 2020 msmithJudge Jeremy Kernodle, Summary Judgment, Tyler

No summary judgment on Carmack Claim for you.

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Reconsideration?

January 24, 2020January 24, 2020 msmithJudge Jeremy Kernodle, Summary Judgment, Tyler

Motions for reconsideration don’t have a high success rate, and this one is no exception.

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No Live Testimony

January 21, 2020August 28, 2020 msmithClaim Construction, Judge Jeremy Kernodle, TEXIPLAWBLOG, Tyler

The Court told the parties it didn’t want live testimony at the Markman hearing in this case and on reconsideration confirmed that position.

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Stays Pending Reexam & Discovery Conduct

September 27, 2019September 27, 2019 msmithJudge Jeremy Kernodle, Stays, Tyler

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.

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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on 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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