What does three up and three down mean to you?
No, not the end of an inning. The end of a motion to strike parts of an expert’s report, of course.
Judge Roy S. Payne (USMJ)
Summary Judgment of Noninfringement
Defendant sought – and got – a recommendation that summary judgment of noninfringement be granted following the Markman hearing.
Three-peat (and Standing)
To celebrate our three-peat as Marshall-Harrison County Literacy Council spelling bee champs this afternoon on behalf of the Marshall Chamber of Commerce, let’s look at an order involving a plaintiff whose name I can’t spell.
Post-Deposition Expert Declarations
Expert witnesses deposed, after which they execute additional declarations. Can the declarations be stricken or the witnesses
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.
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?