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.
The procedural context is confused, but the ruling is not. Judge Schroeder ordered that any prior art not included in the defendant’s preliminary election of prior art would be excluded from the final election of prior art in this case.
I had a great time at the recent planning meeting for the upcoming EDTX bench/bar conference in October. Pretrial rulings in this case were the subject of some gossip among the participants, so I went back and studied those I had not posted on previously, including SJ, experts, and a “novel” standing/subject matter jurisdiction argument. (And “novel” not in a good way).
Judge Schroeder ordered defendant McDonald’s counsel to pay reasonable costs and fees in the amount of $79,584.11 to the plaintiff after McDonald’s failed to comply with a number of the court’s orders compelling discovery responses. But although the court found that McDonald’s discovery compliance has been “dilatory and incomplete”, that did not mean that the relief sought by the plaintiff was found by the court to be appropriate.
The plaintiff asserted several objections to Magistrate Judge Baxter’s award of fees, none of which Judge Schroeder agreed with. Specifically,
- yes it can be a report and recommendation,
- yes, you waived your objections to the court’s claim construction rulings,
- yes, you should have known your infringement theories were unsupported when the summary judgment report came out in the companion case, and
- yes, the case is “exceptional” – you continued to pursue theories that you knew or should have known were baseless, filed meritless motions, and argued positions that had already been rejected.
Judge Schroeder overruled the objections to Magistrate Judge Baxter’s fee award.
Judge Trey Schroeder was a little late to the party last week – he was waiting on a verdict in Marshall.
The court determined to lift the stay after some, but not all, of the PTAB/CAFC proceedings.
Most JMOLs get denied. That was certainly the case here following a damages retrial.
A Tyler division jury before Judge Schroeder awarded the plaintiff $659,106.40 in this damages retrial.