Expert reports struck in part
Portions of the defendant’s damages and invalidity experts’ reports were ordered struck in this case, providing a good look at what is a bridge too far for an expert.
Judge Roy S. Payne (USMJ)
Trial Etiquette, a.k.a Limine Orders
Limine orders are in some ways the equivalent of etiquette guides for trials. So let’s see which fork the parties either agreed, or the Court concluded should be used with this particular course.
Pre-suit damages, reply briefs and “bucketing”
Defendants sought summary judgment on pre-suit damages, and got an analysis regarding “bucketing” and some comments on the advisability of changing quotes.
Stream of Commerce?
It’s always interesting to see where courts are on the “stream of commerce” test when addressing personal jurisdiction issues. Let’s see where we are this month.
Discovery Into Unaccused Products
I thought EDTX caselaw on the issue of discovery into unaccused products was pretty clear, but apparently another case was required.
Houston, We Have A … Oh, Never Mind
The EDTX defendant won the race to the courthouse by a day, filing a dec action in Houston. But the Houston judge dismissed the case in favor of the EDTX action. So what does EDTX do with the first to file/1404 motion to transfer to Houston now?
12(c) Motion to Dismiss Granted
FRCP 12(c) motions are not granted often, but this recent decision from Marshall explains when they can be.
“You have played the game, sir. And you have lost.”
Can a dismissal be conditioned on vacating an adverse claim construction ruling?
Summary Judgment on Limitations & Damages
Nothing like a cigar, a fine whiskey, and a well-crafted order on a request for partial summary judgment on limitations and damages.
“Rifle Shot” Defenses
Parties sometimes seek to add specific claims or defenses to cases late. This order is a succinct example of what adding such a “rifle shot” defense and conducting necessary discovery on it can look like.