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Amending Patent Contentions

Amending Invalidity Contentions

December 15, 2020December 15, 2020 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Marshall, TEXIPLAWBLOG

The principal issue here was whether a defendant was statutorily estopped from asserting its invalidity arguments.

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Good Cause to Supplement Contentions

December 9, 2020December 9, 2020 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

This may be an agreed order, but it’s still a useful reference.

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Amending Invalidity Contentions After Markman; Claim/Defense Reductions

December 7, 2020December 7, 2020 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

When can you amend your contentions after the court’s claim construction ruling?

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Motion For Leave To Amend Invalidity Contentions Denied

November 30, 2020November 30, 2020 msmithAmending Patent Contentions, WDTX, WDTX Cases

Given the standard for amending invalidity contentions in Judge Albright’s court, this ruling may provide some guidance on what isn’t enough.

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Standards for Amending Invalidity Contentions after Markman

September 29, 2020September 29, 2020 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Amending contentions after the Markman ruling are widely viewed as the lemon lavender doughnut holes of procedural issues in patent litigation – delicate, uniquely seasoned, and tasty.

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Amending Invalidity Contentions

September 25, 2020September 25, 2020 msmithAmending Patent Contentions, SDTX, TEXIPLAWBLOG

Same fracking case. Is there sufficient diligence for a finding of good cause to amend?

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Clarification on Focusing

August 31, 2020August 31, 2020 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The order clarified the court’s prior order focusing patent claims and prior art, and provided some useful guidance along the way.

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Motion to Amend Invalidity Contentions

August 31, 2020August 31, 2020 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Judge Gilstrap granted the motion for leave to amend after setting out the relevant test.

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Adequacy of Invalidity Expert’s Report

August 26, 2020August 28, 2020 msmithAmending Patent Contentions, Experts, TEXIPLAWBLOG, WDTX, WDTX Cases

An 11 page opinion by Judge Albright analyzing an invalidity report about “extensible masts”? This is the content I am here for.

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Amending Invalidity Contentions

August 21, 2020August 28, 2020 msmithAmending Patent Contentions, NDTX, TEXIPLAWBLOG

This order applies the analysis for amending contentions under NDTX Misc. Order 62, and grants leave to amend as to one of the proposed references.

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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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