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

Inequitable Conduct

MTD Pair #2 – Flypsi

August 26, 2022August 26, 2022 msmithInequitable Conduct, Motions to Dismiss, TEXIPLAWBLOG, WDTX, WDTX Cases

Okay, the second order wasn’t venue, but what’s a 12(b) basis between friends, right? Everybody likes inequitable conduct, right?

Read more

Motion To Dismiss Inequitable Conduct Counterclaim

May 19, 2022May 19, 2022 msmithArcane Pleading Issues, Inequitable Conduct, TEXIPLAWBLOG, WDTX, WDTX Cases

The court granted the motion, with leave for the defendant to amend its answer “again.”

Read more

Motion To Dismiss Inequitable Conduct & Induced Infringement Defense/Claim

May 18, 2022May 18, 2022 msmithInequitable Conduct, Motions to Dismiss, SDTX, TEXIPLAWBLOG

The issue in this SDTX case was whether the court would dismiss the IC and induced infringement claims as not plausible.

Read more

Request To Bifurcate Inequitable Conduct Defense

September 7, 2021 msmithInequitable Conduct, TEXIPLAWBLOG, WDTX, WDTX - Austin

The court denied the motion, finding that the evidence was relevant to other claims.

Read more

No Inequitable Conduct – FRCP 52(c) Order

August 13, 2021August 13, 2021 msmithInequitable Conduct, TEXIPLAWBLOG, WDTX, WDTX Cases

I posted on this a couple of days ago, but a new order provides guidance on how this issue can be resolved. (With a helpful Easter egg).

Read more

Inequitable Conduct Findings (sort of)

August 10, 2021August 12, 2021 msmithInequitable Conduct, WDTX, WDTX Cases

Judge Albright issued findings of fact and conclusions of law regarding the inequitable conduct issue in a case tried earlier this year. The actual result is in a different order, also attached

Read more

Submarine patents

August 9, 2021August 9, 2021 msmithEDTEXWEBLOG, EDTX IP, Inequitable Conduct, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Judge Gilstrap concluded that prosecution laches required vacating a $308 million jury award. (I had no idea a weekend trip to see submarines in Charleston would be so helpful).

Read more

Motion to Compel Clawed-Back Documents Granted

May 11, 2021May 17, 2021 msmithDiscovery, Inequitable Conduct, SDTX, TEXIPLAWBLOG

The issue revolved around documents relevant to the inequitable conduct claims in this patent case.

Read more

JMOL & Inequitable Conduct

April 18, 2021April 18, 2021 msmithEDTEXWEBLOG, EDTX IP, Inequitable Conduct, JMOL rulings, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Still in trial. Different one. JMOL rulings still exciting, especially one with a froth of inequitable conduct.

Read more

Judge Albright Pretrial Rulings (New Ones)

March 30, 2021March 30, 2021 msmithDamages, Experts, Inequitable Conduct, Summary Judgment, TEXIPLAWBLOG, WDTX, WDTX Cases

There are not a lot of these since not many cases have gotten to this stage. So these numerous new ones are important.

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