Skip to content
Michael C. Smith's Eastern District of Texas Blog
Login

Forget password? | Not a member? Sign up here.
Signup
  • Home
  • About
  • Contact
  • EDTEXWEBLOG
  • TEXIPLAWBLOG
    • EDTX IP
    • NDTX IP
    • SDTX IP
    • WDTX IP
      • WDTX – Austin
      • WDTX – Waco
  • Legal Topics
    • Alternative Service
    • Amending Patent Contentions
    • Arbitration
    • Arcane Pleading Issues
    • Attorney Fees
    • Claim Construction
    • Class Actions
    • Copyrights and Trademarks
    • Court Costs
    • COVID-19
    • Cybersecurity
    • Damages
    • Design Patents
    • Discovery
    • Disqualification
    • Employment Law
    • Enhanced Damages – 35 USC 284
    • Exceptional Case award – 35 USC 285
    • Experts
    • Extensions/Continuances
    • Fair Labor Standards Act
    • False Claims Act
    • Federal Circuit Opinions
    • Indefiniteness
    • Inequitable Conduct
    • Injunctive Relief
    • Intervention
    • IPR
    • JMOL rulings
    • Jury instructions
    • Marking
    • Motions to Dismiss
    • Mediation
    • Multidistrict Litigation (MDL)
    • Patent Litigation
    • Personal Jurisdiction
    • Protective Orders
    • Removal & Remand
    • Sanctions
    • Stays
    • Summary Judgment
    • Trade Secrets
    • Unpatentable – 35 USC 101
    • Venue
    • Verdicts
    • Willful infringement
  • EDTX Judges
    • Judge J. Rodney Gilstrap
    • Judge Marcia A. Crone
    • Judge Amos L. Mazzant III
    • Judge Robert W. Schroeder III
    • Judge Jeremy Kernodle
    • Judge J. Campbell Barker
    • Judge Sean D. Jordan
    • Judge Ron Clark
    • Judge Richard Schell
    • Judge Caroline Craven (USMJ)
    • Judge Keith F. Giblin (USMJ)
    • Judge Zack Hawthorn (USMJ)
    • Judge John D. Love (USMJ)
    • Judge K. Nicole Mitchell (USMJ)
    • Judge Roy S. Payne (USMJ)
    • Judge Kimberley Priest Johnson (USMJ)
    • Judge William Bryson (CAFC)
  • EDTX News
    • EDTX General Orders
  • EDTX Divisions
    • Beaumont
    • Lufkin
    • Marshall
    • Sherman
    • Texarkana
    • Tyler
  • Commentary
    • Baylor Litigation Management LL.M.
    • Book Reviews
    • EDTX Throwback Posts
    • Last Week in Texas with Michael Smith – BCLT
    • Law Office Management
    • Papers/Seminar Presentations
    • Social Media

Experts

Motion To Disqualify Expert

January 16, 2023January 16, 2023 msmithExperts, SDTX, TEXIPLAWBLOG

Judge Hanen denied the plaintiff’s motion to disqualify a defense expert due to her prior work testing products which included the testing of products by the plaintiff.

Read more

Motion To Exclude “Copyrightability” Expert

January 4, 2023January 4, 2023 msmithCopyrights and Trademarks, Experts, SDTX, TEXIPLAWBLOG

Judge Horan granted the motion to exclude some of the defendant’s expert’s opinions, and part of the defendant motion to exclude portions of the plaintiff’s experts’ testimony.

Read more

Motions To Strike Expert Testimony

December 28, 2022December 28, 2022 msmithEDTEXWEBLOG, EDTX IP, Experts, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

There were five motions to strike and one motion to supplement which raised interesting issues regarding damages opinions and supplementation of expert reports, among other things.

Read more

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.

Read more

Motion To Exclude Survey Evidence By Expert

October 24, 2022October 24, 2022 msmithExperts, TEXIPLAWBLOG, WDTX, WDTX - Austin

The issue was the admissibility of an internet survey on likelihood of confusion in this trademark case, and opinions based on it.

Read more

Cat and Dogma Experts in Copyright Case

October 19, 2022October 19, 2022 msmithExperts, TEXIPLAWBLOG, WDTX, WDTX - Austin


It’s a cat and dogfight over whether plaintiff Cat and Dogma’s experts could go for a walk in Judge Yeakel’s courtroom.

Read more

USAA Pretrial Rulings

September 14, 2022September 14, 2022 msmithEDTEXWEBLOG, EDTX IP, Experts, Judge J. Rodney Gilstrap, Limine Motions, Marshall, Summary Judgment, TEXIPLAWBLOG

As always, there may not be sufficient context to fully appreciate the rulings, but they are still worth reviewing (and there are a lot).

Read more

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.

Read more

Prior Expert Reports

July 6, 2022July 6, 2022 msmithDiscovery, Experts, TEXIPLAWBLOG, WDTX, WDTX Cases

The issue was whether a plaintiff had to produce its experts’ reports and depo transcripts from a prior case.

Read more

Motion to Strike Expert Opinions

June 29, 2022June 29, 2022 msmithExperts, TEXIPLAWBLOG, WDTX, WDTX Cases

Plaintiff won four of its seven challenges to this expert’s opinions.

Read more

Posts navigation

Older posts

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.
Read More

Subscribe & Follow

  • Follow on LinkedIn
  • Subscribe via RSS
  • E-Mail Me

Archives

  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • Home
  • About
  • Contact

113 East Austin Street | Marshall, TX 75670 | (903) 938-8900 | michael.smith@solidcounsel.com

Privacy Policy | Disclaimer | © Michael C. Smith