Alternative Service

Mandamusing an Alternative Service of Process Order

August 16, 2023August 16, 2023 msmithAlternative Service, Federal Circuit Opinions, TEXIPLAWBLOG

Practitioners in Texas patent courts see orders granting or denying motions to permit alternative service all the time. What we see less often is the Federal Circuit weighing in on a request by an alternatively-served defendant for mandamus relief from such a motion. Here the Federal Circuit affirmed Judge Albright’s decision, providing some useful guidance on what’s permissible and the standard for review (with an Easter egg on mandamus standards).

Email Service Authorized

April 11, 2023April 11, 2023 msmithAlternative Service, EDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

Judge Mazzant concluded that the request for email service was not prohibited by international agreement, and was reasonably calculated to notify the defendant of the case and give it an opportunity to present objections, given the cost and delay associated with traditional means of service in the case.

Motion For Leave To Effect Alternative Service By Email Granted

March 1, 2023March 1, 2023 msmithAlternative Service, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, WDTX Cases

Judge Gilstrap granted the motion in modified form after detailing the plaintiffs exhaustion of “all reasonable means of attempting to contact” the defendant including taking what the court characterized as the “enterprising step” of purchasing a product to try to find better contact information.

Service Of Process By Facebook Direct Messaging

February 27, 2023February 27, 2023 msmithAlternative Service, NDTX, TEXIPLAWBLOG

After finding that the plaintiffs had attempted multiple times to personally serve defendants, the court granted in part the motion for substitute service, and listed several methods which were required as substitute service, including service by Facebook messaging.

Motion To Dismiss Or Quash Based On Insufficient Of Service Of Process

February 16, 2023February 16, 2023 msmithAlternative Service, EDTEXWEBLOG, Judge J. Rodney Gilstrap, Marshall

The court denied the motion, finding that there were grounds for an extension for service based on the plaintiffs multiple attempts to serve the defendant, and the defendant’s representation that it would waive service. The court also found that the defendant had waived its special appearance.

Motion To Enlarge Time To Serve

January 17, 2023January 17, 2023 msmithAlternative Service, TEXIPLAWBLOG, WDTX, WDTX Cases

Yes, it’s possible to have a case look as bad as the Texas’ stern. The plaintiff didn’t realize it had not served the defendant with process for seven months. Noting that there was no good cause shown for the lack of service, Judge Albright denied the motion to extend the time to serve, and dismissed the case.

Mandamusing an Alternative Service of Process Order

Email Service Authorized

Motion For Leave To Effect Alternative Service By Email Granted

Service Of Process By Facebook Direct Messaging

Motion To Dismiss Or Quash Based On Insufficient Of Service Of Process

Motion To Enlarge Time To Serve

Substituted Service Granted In Case Of Likely Evasion

Motion To Dismiss For Lack of Personal Jurisdiction & Improper Service And For Transfer Recommended Denied

Motion To Dismiss For Delay In Service

Ya Gotta Try