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Arcane Pleading Issues

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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Partial Dismissals

December 28, 2020December 28, 2020 msmithArcane Pleading Issues, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

For some reason, documenting partial dismissals is not as simple as calling the other side up and saying “yeah, we’re dropping these claims/defenses”. Here’s a way it can be done.

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Orders Memorializing Rulings

December 17, 2020December 17, 2020 msmithArcane Pleading Issues, Discovery, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

This order combined Judge Gilstrap’s rulings on several procedural motions in a patent case addressed at a recent hearing.

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Amending The Complaint

December 11, 2020December 11, 2020 msmithArcane Pleading Issues, Copyrights and Trademarks, TEXIPLAWBLOG, WDTX, WDTX Cases

Another case analyzing the requirements of Rule 16 and Rule 15 when a party seeks to amend after the deadline has run.

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Leave to Amend Granted

November 12, 2020November 12, 2020 msmithArcane Pleading Issues, COVID-19, EDTEXWEBLOG, Judge Amos L. Mazzant III, Sherman

This order addresses the amendment of pleadings, and the role that the ongoing pandemic can play.

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Court Confronts Newly Raised Zombies

November 4, 2020 msmithArcane Pleading Issues, NDTX, TEXIPLAWBLOG

Not many courts begin orders with the sentence “[t]oday, the Court confronts two newly raised zombies …”

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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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