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Damages

Motions to Exclude Expert Testimony

October 25, 2022October 25, 2022 msmithDamages, Experts, TEXIPLAWBLOG, WDTX, WDTX Cases

These three orders resolved motions to exclude expert testimony in a recent  trial before Judge Albright.

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Motions To Exclude Expert Testimony

August 26, 2022August 26, 2022 msmithDamages, Experts, TEXIPLAWBLOG, WDTX, WDTX - Austin


Defendant challenged the plaintiff’s technical and damages experts in this Austin patent infringement case.

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A Pox on Both Your JMOLs

August 23, 2022August 23, 2022 msmithDamages, EDTEXWEBLOG, EDTX IP, Enhanced Damages - 35 USC 284, JMOL rulings, Judge Robert W. Schroeder III, TEXIPLAWBLOG, Tyler

Most JMOLs get denied.  That was certainly the case here following a damages retrial.

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Pretrial Motions in Damages-Only Retrial

June 27, 2022June 27, 2022 msmithDamages, EDTEXWEBLOG, EDTX IP, Experts, Judge Robert W. Schroeder III, Limine Motions, Summary Judgment, TEXIPLAWBLOG, Tyler


Mostly limine with a side of motion to exclude and a doggie bag of MSJ and expert  rulings.

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Batting .250 – Summary Judgment Rulings

June 21, 2022June 21, 2022 msmithDamages, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Summary Judgment, TEXIPLAWBLOG, Willful infringement

The parties filed four motions for summary judgment in this case.  One was granted – can you guess what the subject was?

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Postverdict Motions in Optis v. Apple

May 18, 2022May 18, 2022 msmithDamages, EDTEXWEBLOG, Experts, JMOL rulings, Marshall

Judge Gilstrap ruled on defendant Apple’s postverdict motions in this case, which was tried to a jury in August 2020, and later had a damages-only retrial.

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JMOL, Remittitur & Motions for New Trial (& 101)

March 28, 2022March 28, 2022 msmithDamages, EDTEXWEBLOG, EDTX IP, JMOL rulings, Judge Robert W. Schroeder III, TEXIPLAWBLOG, Tyler, Unpatentable - 35 USC 101

Pretty solid set of post-verdict motions at issue in this 54 page opinion, which ordered a new trial on damages.

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Judge Albright Grants Partial Summary Judgment on Damages

January 11, 2022January 11, 2022 msmithDamages, NDTX, TEXIPLAWBLOG

Old Dallas Post Office and Court House

The defendant sought partial summary judgment on pre-suit damages and as to plaintiff’s damages methodology.

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The good news is that your motion for summary judgment was granted

January 11, 2022January 11, 2022 msmithDamages, SDTX, Summary Judgment, TEXIPLAWBLOG

Now, about your damages claims …

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Expert Analysis Excluded in Part

November 16, 2021November 16, 2021 msmithDamages, TEXIPLAWBLOG, WDTX, WDTX Cases

Judge Albright issued separate opinions on motions seeking to exclude the plaintiffs technical and defendant’s damages experts in the CloudofChange case.

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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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