WSOU JMOL #2: The Perils of Claim Construction at Trial

Several weeks ago I posted on Judge Albright’s grant of JMOL against plaintiff WSOU during a trial in October (he did the same thing against the same plaintiff in a trial in February). The written opinion on WSOU JMOL #2 came out yesterday and explains the Court’s rationale, which was based on a claim construction issue that arose during trial.

Entropic? Summary Judgment Grants and Denials in Marshall


Probably in the eye of the beholder whether these rulings were a positive development, but they definitely decreased entropy in this case brought by Entropic Communications. Judge Payne (1) granted the plaintiff’s motion for summary judgment of no invalidity as to certain prior art defenses (which just FYI isn’t the same thing as a judgment of “validity”); (2) granted the plaintiff’s motion for summary judgment as to the defendant’s Section 101 defense; and (3) denied the defendant’s motion for summary judgment of invalidity.


Party Ordered to Attend Trial


Everything is filed under seal, so all we know for certain is that (1) the plaintiff officer / counterclaim defendant didn’t show for the hearing on the motion for sanctions last week; and (2) Judge Payne has now required him to attend trial next month or face contempt or other sanctions. But I can add a little to the barebones order that issued Sunday – media reports that it’s unclear what the sanctions request was based on just means they didn’t know where to look.  It appears it won’t be a dull day in Marshall.

Procedure for Sealing

Old Dallas Post Office and Court House

I posted yesterday on a judge’s order denying an unopposed motion for leave to seal a filing, noting the problems commonly encountered with such filings.  A reader forwarded me the court’s standing order setting forth the summary judgment-like briefing requirements parties must comply with in order to file any sentence of a document under seal, and I thought it was worth some analysis, both of the order itself and of how to comply with its efficiently.