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Venue

Divisional transfers

December 12, 2019December 13, 2019 msmithJudge J. Rodney Gilstrap, Marshall, Venue

A “Catch-22” is defined as a dilemma or difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions. This is an example.

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Transporting documents

December 3, 2019December 3, 2019 msmithJudge J. Rodney Gilstrap, Marshall, Venue

A defendant asserting a motion to transfer venue must show that the transferee district is clearly more convenient. Here, the court found that showing was not made

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Supplementing the record on appeal

November 26, 2019November 26, 2019 msmithJudge J. Rodney Gilstrap, Marshall, Venue

This issue rarely comes up, especially in this flea-flicker-ish context, but this order provides a useful template for when it does.

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Mandamusing Agreed Transfers

October 22, 2019 msmithVenue, WDTX Cases

I recently posted that Judge Albright granted Apple’s alternative request for a transfer to WDTX-Austin after denying its request to NDCA. Apple has mandamused that agreed transfer now, but says it’s really Judge Gilstrap’s fault.

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Motion to Transfer Waco Patent Case to Marshall Denied

October 14, 2019October 14, 2019 msmithVenue, WDTX Cases

Well obviously if you take the route my grandparents did from Waco to Marshall on their honeymoon in 1929 it’s clearly not more convenient – but I doubt that was Judge Albright’s analysis.

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Waco to Austin – update

October 8, 2019October 8, 2019 msmithVenue, WDTX Cases

No, not the traffic. In the course of explaining why the last post should be v.4, I pulled some statistics quantifying the trend of cases filed in Waco being transferred to Austin.

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Waco to Austin, pt. 4

October 8, 2019October 8, 2019 msmithVenue, WDTX Cases

Chip & Joanna may be opening a hotel in downtown Waco, but the parties in this case won’t be staying in it, as the defendant who lost a motion to transfer to Delaware won the do-over motion to Austin because most of the plaintiff’s inventors were located there.

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Transfer to NDCA Denied, But Second Bite by Apple Granted

September 26, 2019September 26, 2019 msmithVenue, WDTX Cases

Had a great time with a friend from California at our college marching band reunion this weekend. But when he went home, this case didn’t go with him.

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Waco to Austin

September 12, 2019October 8, 2019 msmithVenue, WDTX Cases

We read opinions in other cases to better understand the rationale for a decision. This opinion provides insight into when cases filled in Waco will be transferred to Austin.

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Venue in False Claims Act cases

August 28, 2019August 28, 2019 msmithFalse Claims Act, Judge J. Rodney Gilstrap, Marshall, Venue

Civil War U.S. Army blanket containing “shoddy”

Ever wonder how venue works in qui tam cases? This order in an EDTX case provides a good overview of the standards.

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Welcome!

This weblog is devoted to practice in the U.S. District Court for the Eastern District of Texas, 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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