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Amending Patent Contentions

Motion To Compel Supplementation Of Contentions

May 6, 2022May 6, 2022 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Texarkana, TEXIPLAWBLOG

Photo by Carol M. Highsmith

The issue was whether the plaintiff would be required to supplement its infringement contentions.

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Motion To Strike Contentions Denied

April 26, 2022April 26, 2022 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The defendant argued that the plaintiff’s infringement contentions were insufficient.

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Motion For Leave To Amend Contentions Denied

April 26, 2022April 26, 2022 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Judge Gilstrap denied the motion for leave to amend the defendant’s invalidity contentions.

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Motion For Leave To Amend Infringement Contentions

April 26, 2022April 26, 2022 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The court granted the motion, finding diligence in seeking third-party discovery and moving to amend.

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Motion For Leave To Amend Infringement Contentions

January 27, 2022January 27, 2022 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

The plaintiff sought leave to supplement its infringement contentions.

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Motion For Leave To Amend Invalidity Contentions

January 26, 2022January 26, 2022 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The defendant sought leave to supplement its invalidity contentions.

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Motion to Strike Amended Contentions

January 24, 2022January 24, 2022 msmithAmending Patent Contentions, TEXIPLAWBLOG, WDTX, WDTX Cases

The defendants asked the court to strike the plaintiff’s amended infringement contentions.  The issue here was “representative product” charting.

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Amending Pleadings

August 19, 2021August 19, 2021 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, TEXIPLAWBLOG

This order applies the relevant standards to a request to amend the pleadings to add additional patents to the case.

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Amending Invalidity Contentions In Waco

February 17, 2021February 17, 2021 msmithAmending Patent Contentions, TEXIPLAWBLOG, WDTX, WDTX Cases

Waco is frozen this morning.  So are this defendant’s invalidity contentions.

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Motion To Strike Undisclosed Invalidity Theories

February 2, 2021February 5, 2021 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Experts, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

This looks like another “it wasn’t in the contentions” motion, but is really a “the contentions were too broad” motion.

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Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) 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 Scheef & Stone, 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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