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Judge J. Rodney Gilstrap

From A1 to H4

January 21, 2021January 21, 2021 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Lots of terms to be construed in this 125 page claim construction order from the square in Marshall.

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Multiple Stay Requests Pending IPR Institution Denied

January 13, 2021January 13, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Judge Sean D. Jordan, Marshall, Sherman, Stays, TEXIPLAWBLOG

Judges in Marshall and Plano both denied motions for stays pending IPR institution in the last week.

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Summary Judgment of Noninfringement

January 12, 2021January 12, 2021 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Summary Judgment, TEXIPLAWBLOG

Does the CAFC’s opinion require dismissal?

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Anti-Anti-Suit Injunction in Ericsson v. Samsung

January 11, 2021January 11, 2021 msmithEDTEXWEBLOG, EDTX IP, Injunctive Relief, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Welcome from snowy East Texas, where we’re reading the latest in injunctions in the fight between China and Texas courts.

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Stay Denied

January 8, 2021January 8, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Stays, TEXIPLAWBLOG

The issue and outcome are not unusual, but the court’s analysis provides some additional insight into the decision.

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Partial Dismissals

December 28, 2020December 28, 2020 msmithArcane Pleading Issues, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

For some reason, documenting partial dismissals is not as simple as calling the other side up and saying “yeah, we’re dropping these claims/defenses”. Here’s a way it can be done.

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Orders Memorializing Rulings

December 17, 2020December 17, 2020 msmithArcane Pleading Issues, Discovery, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

This order combined Judge Gilstrap’s rulings on several procedural motions in a patent case addressed at a recent hearing.

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Stay/No Stay (Another One)

December 15, 2020December 15, 2020 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Stays, TEXIPLAWBLOG

That’s two stays denied in this case in less than two weeks. Hmm.

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Personal Jurisdiction Defense Successful

December 14, 2020December 14, 2020 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Motions to Dismiss, Personal Jurisdiction, TEXIPLAWBLOG

Following jurisdictional discovery, the court determined that the facts to support personal jurisdiction just weren’t there.

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285 Finding Affirmed

December 10, 2020December 10, 2020 msmithEDTEXWEBLOG, EDTX IP, Exceptional Case award - 35 USC 285, Federal Circuit Opinions, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Yesterday the Federal Circuit affirmed Judge Gilstrap’s Section 285 finding from earlier this year, providing another data point on when a case is “exceptional.”

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Welcome!

This weblog focuses on practice in the U.S. District Court for the Eastern District of Texas, as well as intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Siebman, Forrest, Burg, & Smith, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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