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JMOL rulings

FRCP 50(a) JMOL Granted

June 23, 2022June 23, 2022 msmithCopyrights and Trademarks, JMOL rulings, TEXIPLAWBLOG, WDTX, WDTX - Austin

Calm down, it’s a trademark case in Austin.  But I’m serious about the 50(a) part.

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Lex Luthor’s Dastardly Plot to Interfere With The Waco Patent Docket Uncovered

May 24, 2022May 24, 2022 msmithJMOL rulings, TEXIPLAWBLOG, WDTX, WDTX Cases

In a recently unsealed order, Judge Albright ruled on a claim of alleged juror misconduct in the first VLSI v. Intel trial (the $2 billion one, not the defense verdict one, obviously) that focused on the role played by Lex Luthor in the case.

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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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VLSI v. Intel #1 Reaches Final Judgment

May 12, 2022May 16, 2022 msmithJMOL rulings, TEXIPLAWBLOG, WDTX, WDTX Cases

Judge Albright’s second patent trial has now reached final judgment stage, with orders on multiple postverdict motions.

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JMOL/MNT Denied Following Defense Verdict

March 29, 2022March 29, 2022 msmithEDTEXWEBLOG, EDTX IP, JMOL rulings, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Judge Gilstrap denied the motions seeking to set aside the jury’s verdict.

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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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No New Trial on Noninfringement Verdict / No Fees

March 21, 2022March 21, 2022 msmithEDTEXWEBLOG, EDTX IP, Exceptional Case award - 35 USC 285, JMOL rulings, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Unpatentable - 35 USC 101

Another Texas car dealership that’s switched out its giant Texas flags for giant Ukrainian ones

Judge Gilstrap affirmed the jury’s noininfringement and patent-ineligible finding, but declined to award fees.

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Motion To Set Aside Judgment

March 1, 2022March 1, 2022 msmithCopyrights and Trademarks, JMOL rulings, NDTX, TEXIPLAWBLOG

It’s really a NDTX JMOL in a copyright & contract claim.

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JMOL on Prejudgment Interest

February 1, 2022February 1, 2022 msmithEDTEXWEBLOG, EDTX IP, JMOL rulings, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The plaintiff asked Judge Gilstrap to amend the prejudgment interest rate set forth in the final judgment.

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Findings of Fact and Conclusions of Law in Trade Secret Misappropriation Damages Retrial

December 20, 2021 msmithEDTEXWEBLOG, EDTX IP, JMOL rulings, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

Judge Mazzant resolved the disgorgement issues in this case and directed the parties to submit a final judgment.

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Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) 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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