Sometimes Creativity Is A Bad Thing

It’s so rare to see something truly new, but this motion in proffer’s clothing counts.  Plaintiff filed a “Proffer” requesting, um, that the court admit stuff and take judicial notice of other stuff. But not a motion at all, so, uh, no need for a certificate of conference. Not so fast, Judge Gilstrap held, and denied the motion, sorry “Proffer”.

Verdict in Netlist v. Samsung

A Marshall jury in Judge Gilstrap’s court returned a verdict Friday afternoon in favor of the plaintiff in Netlist’s case against Samsung.  The jury found at least one of the claims in each of the asserted patents infringed, none of the 11 claims proven invalid by clear and convincing evidence, and that infringement of at least one of the asserted claims in each of the three patents/patent groups was willfully infringed.  The jury set damages at $303.15 million.

Motion To Dismiss Declaratory Judgment Complaint in MDL Proceeding

This is an MDL proceeding assigned to Judge Gilstrap.  The plaintiff filed a motion seeking relief with respect to a declaratory judgment defendant’s claims – specifically that the first to file rule apply to the DJ actions filed in the NDTX.  Judge Gilstrap agreed, and stayed the NDTX action.