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Arcane Pleading Issues

Declaratory Jurisdiction

March 8, 2023March 8, 2023 msmithArcane Pleading Issues, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

This extremely complex opinion resolved numerous issues relating to whether there was a case or controversy between certain parties at the time a case was first filed and, as a result, concluded that the court did not possess declaratory jurisdiction over the asserted claims.

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Motion To Stay Enforcement / Waive Bond / Reduce Bond Denied

February 27, 2023February 27, 2023 msmithArcane Pleading Issues, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Plaintiff, who Judge Gilstrap had previously concluded “has urged and re-urged unsupported claims, objections, and arguments” asked for relief from the Court’s award of $784,529.16 in attorneys’ fees to Sprint and $489,710.00 in attorneys’fees to Verizon under 35 U.S.C. § 285.

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Leave Granted To Add Co-Plaintiff in Patent Case

October 24, 2022October 24, 2022 msmithArcane Pleading Issues, SDTX, TEXIPLAWBLOG

Judge Hughes found the party to be necessary, and joinder feasible.

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Motion For Leave To File Amended Complaint Granted

August 30, 2022August 30, 2022 msmithArcane Pleading Issues, EDTEXWEBLOG, Judge Amos L. Mazzant III, Sherman

The issue here was the addition of a party the plaintiff claimed it wasn’t on notice was the proper defendant.

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Motion For Leave To Amend Pleadings

August 30, 2022August 30, 2022 msmithArcane Pleading Issues, NDTX, TEXIPLAWBLOG

The plaintiff didn’t provide a reasonable justification for its delay, but the rest of the factors came out in its favor.

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Amended Complaint Stricken

May 26, 2022May 26, 2022 msmithArcane Pleading Issues, Discovery, TEXIPLAWBLOG, WDTX, WDTX Cases

While the amended complaint was timely, Judge Albright found that it still should not be permitted. (In the sidecar was a discovery dispute, which, unlike the photo was not a good boi).

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Twiqbal/Venue

May 19, 2022May 19, 2022 msmithArcane Pleading Issues, Motions to Dismiss, TEXIPLAWBLOG, Venue, WDTX, WDTX Cases, Willful infringement

This motion to dismiss raised issues regarding claim splitting and improper venue which were novel, and issues regarding indirect and willful infringement which were not.

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Motion To Dismiss Inequitable Conduct Counterclaim

May 19, 2022May 19, 2022 msmithArcane Pleading Issues, Inequitable Conduct, TEXIPLAWBLOG, WDTX, WDTX Cases

The court granted the motion, with leave for the defendant to amend its answer “again.”

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Leave to Amend to Add License Defense Denied

May 10, 2022May 10, 2022 msmithArcane Pleading Issues, TEXIPLAWBLOG, WDTX, WDTX Cases

The issue here was a defendant’s motion for leave to amend its answer to assert a license defense.

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Scrubbing Plaintiff’s Pleadings?

February 12, 2022February 12, 2022 msmithArcane Pleading Issues, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Motions to Dismiss, TEXIPLAWBLOG

The defendant asked Judge Gilstrap to strike certain allegations it contended were unnecessary and to order the plaintiff to provide a more definite statement.

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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on 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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