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Indefiniteness

Summary Judgment Motions Mostly Denied in Austin Patent Case

January 24, 2022January 24, 2022 msmithIndefiniteness, Summary Judgment, WDTX, WDTX - Austin

Judge Lee Yeakel accepted a report recommending denying most of the parties’ summary judgment motions.

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Indefinite Due To Lack Of Corresponding Structure

September 14, 2021September 14, 2021 msmithClaim Construction, Indefiniteness, TEXIPLAWBLOG, WDTX, WDTX Cases

Two plain and ordinary – the other 15 invalid.

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Indefiniteness MSJ in Waco

November 10, 2020 msmithIndefiniteness, Summary Judgment, TEXIPLAWBLOG, WDTX, WDTX Cases

Some guidance on raising indefiniteness in a summary judgment motion in River City.

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Indefiniteness

October 28, 2020October 28, 2020 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Indefiniteness, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Judge Payne found a couple of terms indefinite in this Markman order.

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Indefinite Semiconductor Markman

October 21, 2020October 21, 2020 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Indefiniteness, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Good name for a Hitchhiker’s Guide to the Galaxy character, don’t you think?

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Galveston Fracking Markman

September 25, 2020September 25, 2020 msmithClaim Construction, Indefiniteness, SDTX, TEXIPLAWBLOG

Sounds like someone’s frustrated, doesn’t it?

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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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“Marksman” Ruling

April 9, 2020August 28, 2020 msmithClaim Construction, Indefiniteness, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

I give up – I’ll just start calling them this to keep my dictation software happy. I don’t post on Markman rulings unless they include dispositive rulings or notable discussion, but both were present here.

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Indefiniteness, sua sponte

January 22, 2020August 28, 2020 msmithClaim Construction, Indefiniteness, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

No, I can’t figure out what they mean. And neither could the Court.

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Indefiniteness

August 16, 2019August 19, 2019 msmithIndefiniteness, Judge Robert W. Schroeder III, Marshall

Reading Markman rulings sometimes reminds me of the Curies going through mountains of pitchblende to find a little radium. In this case, the valuable part for most readers is the Court’s decision finding two claims indefinite.

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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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