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Arcane Pleading Issues

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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Leave to Amend to Add Willfulness Claims in a COVID World

August 31, 2020August 31, 2020 msmithArcane Pleading Issues, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Willful infringement

Think we’re going to need that Halo for this one.

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Early 101/FRCP 12(b)(6) Motion Practice

August 11, 2020August 28, 2020 msmithArcane Pleading Issues, EDTEXWEBLOG, Judge J. Rodney Gilstrap, Marshall, Motions to Dismiss, Twombly/Iqbal

Defendants argued that the Plaintiff’s patent claims are invalid under 35 U.S.C. § 101 and that it failed to state a claim regarding its non-patent claims.

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Answering After MTD Denial

August 11, 2020August 11, 2020 msmithArcane Pleading Issues, Copyrights and Trademarks, Motions to Dismiss, WDTX

Forgetting to answer after a motion to dismiss is denied is not good. But it may not be fatal, as this case shows.

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Motion to Dismiss Based on Errors in Claim/No Induced Infringement

July 28, 2020August 28, 2020 msmithArcane Pleading Issues, Indefiniteness, Motions to Dismiss, TEXIPLAWBLOG, WDTX, WDTX Cases

Kind of a two-fer here as far as bases for motions to dismiss. Well, really a three-fer if you want to get technical.

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Dismissal, Not More Definite Statement

June 12, 2020February 17, 2021 msmithArcane Pleading Issues, Employment Law, Fair Labor Standards Act, Judge Roy S. Payne (USMJ), Marshall, Motions to Dismiss

FRCP 12(b)(6) motions are sometimes joined with 12(e) requests for more information. This order granted or denied the former – no repleading required.

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First to file rule and personal jurisdiction

March 27, 2020March 30, 2020 msmithArcane Pleading Issues, Judge Amos L. Mazzant III, Sherman, Venue

This order resolved the dispute over the applicability of the first to file rule to a case where there was an issue regarding personal jurisdiction.

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Global v. U.S. FRAND Agreements

March 4, 2020March 5, 2020 msmithArcane Pleading Issues, Judge J. Rodney Gilstrap, Marshall

This order sets the scope of a court’s examination of whether an offer complied with FRAND obligations

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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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