Judge Robert W. Schroeder III – Michael C. Smith's Eastern District of Texas Blog

Complaints About Attorneys Fees Award Rejected

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.

These orders are always worth studying.

Mostly limine with a side of motion to exclude and a doggie bag of MSJ and expert rulings.

This order gets into the weeds on copyright in this case involving a comic book storyline alleged to be copied by “The Umbrella Academy”.

Judge Schroeder denied the motion, finding that the allegations raised factual disputes, noting that claim construction had taken place yet.