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
    • 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
    • Book Reviews
    • EDTX Throwback Posts
    • Law Office Management
    • Papers/Seminar Presentations

Experts

Motion To Strike Supplemental Expert Report

January 21, 2021January 21, 2021 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Experts, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

The supplemental report was late – is the lateness excused?

Read more

Summary Judgment And Expert Rulings

December 22, 2020December 22, 2020 msmithEDTEXWEBLOG, EDTX IP, Experts, Judge Robert W. Schroeder III, Summary Judgment, Texarkana, TEXIPLAWBLOG

This lengthy (61 page) opinion contains rulings on numerous summary judgment and expert motions.

Read more

Changing (Expert) Partners

December 4, 2020December 4, 2020 msmithEDTEXWEBLOG, EDTX IP, Experts, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

I usually don’t post on unopposed motions, this one was a little unusual.

Read more

Supplemental Damages Report Excluded

November 30, 2020November 30, 2020 msmithDamages, EDTEXWEBLOG, EDTX IP, Experts, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

The issue here was whether a damages expert could supplement his report with a late-breaking additional license.

Read more

Motion To Strike Rebuttal Claim Construction Expert Denied

November 23, 2020November 23, 2020 msmithClaim Construction, Experts, TEXIPLAWBLOG, WDTX, WDTX Cases

Judge Albright’s disclosure provisions regarding claim construction experts have changed in recent months – this order resolves a motion in that area.

Read more

Motion To Strike Invalidity Expert

November 23, 2020November 23, 2020 msmithExperts, TEXIPLAWBLOG, WDTX, WDTX Cases

Judge Albright was asked to exclude an invalidity expert for failure to sufficiently disclose invalidity theories.

Read more

No Do Overs in Houston

November 18, 2020November 18, 2020 msmithExperts, SDTX, TEXIPLAWBLOG

Also, the judge won’t let you fix a deficient expert report by supplementing it or calling a friend.

Read more

Expert Disqualification

November 9, 2020November 9, 2020 msmithDisqualification, EDTEXWEBLOG, EDTX IP, Experts, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

The question presented was whether a prior consultation disqualified an expert.

Read more

Copyrightability

November 1, 2020November 1, 2020 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Experts, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The court conducted a hearing in advance of trial to determine whether the asserted works were copyrightable.

Read more

Motion to Strike Plaintiffs’ Experts

October 12, 2020October 12, 2020 msmithEDTEXWEBLOG, EDTX IP, Experts, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Photo: Carol Highsmith

Denied, but the reasons why are illuminating.

Read more

Posts navigation

Older posts

Welcome!

This weblog focuses on practice in the U.S. District Court for the Eastern District of Texas, as well as 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 Siebman, Forrest, Burg, & Smith, 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

  • 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 | michaelsmith@siebman.com

Privacy Policy | Disclaimer | © Michael C. Smith