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Legal Topics

Death Penalty Sanctions in Waco

April 7, 2021April 7, 2021 msmithExceptional Case award - 35 USC 285, Injunctive Relief, Sanctions, TEXIPLAWBLOG, WDTX, WDTX Cases, Willful infringement

Yes, I’m in trial, but this is too big to pass up.

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Section 101 Motion

April 4, 2021April 4, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge Sean D. Jordan, Sherman, TEXIPLAWBLOG, Unpatentable - 35 USC 101

Judge Sean Jordan granted the defendant’s motion to dismiss for lack of patentable subject matter.

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Waco Protective Order For Patent Cases

April 4, 2021April 4, 2021 msmithProtective Orders, TEXIPLAWBLOG, WDTX, WDTX Cases

Judge Albright has now posted a default protective order for patent cases.

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Judge Albright Pretrial Rulings (New Ones)

March 30, 2021March 30, 2021 msmithDamages, Experts, Inequitable Conduct, Summary Judgment, TEXIPLAWBLOG, WDTX, WDTX Cases

There are not a lot of these since not many cases have gotten to this stage. So these numerous new ones are important.

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Cross-Motions For Summary Judgment On Patent Marking Statute

March 30, 2021March 30, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marking, Marshall, TEXIPLAWBLOG

The bad news is that both motions were denied.  Of course that’s also the good news.

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Motion To Amend To Add Alternative Venue Allegations

March 30, 2021March 30, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Venue

Following the grant of mandamus requiring transfer, plaintiff asked to amend its venue allegations.

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Waco patent trial #3 continued pending death penalty sanctions request

March 29, 2021March 29, 2021 msmithExtensions/Continuances, TEXIPLAWBLOG, WDTX, WDTX Cases

Here hangs a tale.

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Judge Albright Standing Order Regarding Markman Hearings While Venue Motions Are Pending

March 24, 2021March 25, 2021 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

The order affects the scheduling of Markmans when venue motions are pending.

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Motion To Strike Supplemental Damages Expert Report

March 24, 2021March 24, 2021 msmithDamages, EDTEXWEBLOG, EDTX IP, Experts, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

The court granted a motion to strike the plaintiff’s damages expert’s supplemental report.

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Second Trial’s The Charm

March 19, 2021March 19, 2021 msmithCOVID-19, EDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG, Verdicts

Last November a breakout of COVID-19 in the Sherman courthouse derailed this case. Not this time – and it is the second $150-175 million verdict in Sherman in two weeks.

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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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