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Summary Judgment

Summary Judgment of Noninfringement

January 12, 2021January 12, 2021 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Summary Judgment, TEXIPLAWBLOG

Does the CAFC’s opinion require dismissal?

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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.

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Oilfield Patent Summary Judgment Following Claim Construction

December 14, 2020December 14, 2020 msmithClaim Construction, SDTX, Summary Judgment, TEXIPLAWBLOG

Defendants sought summary judgment based on the court’s Markman opinion.

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Call Of Duty: Summary Judgment Exhibits

December 10, 2020December 11, 2020 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Summary Judgment, TEXIPLAWBLOG

I suspect that the videogame is almost as exciting as the objections to the summary judgment evidence in the case arising from it.

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No Summary Judgment Of No Inequitable Conduct

November 23, 2020November 23, 2020 msmithInequitable Conduct, Summary Judgment, TEXIPLAWBLOG, WDTX, WDTX - Austin

When I moderated a judicial panel with Judge Yeakel a few years back, he said that he had a sign in his chambers that said “no summary judgments.”  I think this case explains why.

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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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SMJ, SJ and PSJ

October 28, 2020October 28, 2020 msmithCopyrights and Trademarks, SDTX, Summary Judgment, TEXIPLAWBLOG

U.S. Custom House, Houston, Texas – Photo: Carol M. Highsmith

Lots of fun issues in this order even though it only granted partial summary judgment.

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Atlas on Reconsideration

October 28, 2020October 28, 2020 msmithEDTEXWEBLOG, EDTX IP, Marshall, SDTX, Summary Judgment, TEXIPLAWBLOG

Just another opinion from Judge Nancy Atlas in a Marshall patent case.

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Summary Judgment Granted in Part in Non-Compete Case

October 12, 2020October 12, 2020 msmithEDTEXWEBLOG, Employment Law, Judge Jeremy Kernodle, Summary Judgment, Tyler

Photo: Carol Highsmith

The enforceability of various “non-” provisions in a contract was at issue on these objections to a report & recommendation.

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Pretrial Motions & Motions in Limine

October 8, 2020October 9, 2020 msmithClaim Construction, EDTX IP, Experts, Judge J. Rodney Gilstrap, Limine Motions, Marshall, Summary Judgment, TEXIPLAWBLOG

Houston, Dallas, Waco … time for a Marshall case, don’t you think? And let’s make it a juicy one.

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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.
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