Divisional transfers
A “Catch-22” is defined as a dilemma or difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions. This is an example.
Judge J. Rodney Gilstrap
Transporting documents
A defendant asserting a motion to transfer venue must show that the transferee district is clearly more convenient. Here, the court found that showing was not made
Limine and other pretrial rulings
Nothing like a set of pretrial rulings to start your day off, especially when they include partial grants regarding damages experts.
Claim construction expert testimony
When can you use a rebuttal expert in the claim construction process? This order gives a few clues.
Supplementing the record on appeal
This issue rarely comes up, especially in this flea-flicker-ish context, but this order provides a useful template for when it does.
Marshall Patent Scheduling Conferences
Another batch of status conferences last week.
Estoppel Based on Prior Judgment
When are dependent claims of patent infringement estopped as a result of a judgment on their independents in a prior case?
Marshall Jury Finds for USAA
A Marshall jury found that Wells Fargo Bank infringed on two of USAA’s patents relating to technology that allows users to deposit checks using mobile devices and awarded USAA $200 million.
“The only thing clear about the appropriate test for patent-eligible subject matter is that it is unclear.”
Last week a Marshall jury found by clear and convincing evidence that, from the perspective of a person of ordinary skill in the art, the asserted claims only involved activities that were well-understood, routine, and
conventional as of the relevant date. But why were they asked this?
Order on Motion to Remand
Just in time to be able to skip tomorrow’s scheduling conference…