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Willful infringement

Motion To Dismiss Willfulness Claim

March 9, 2023March 9, 2023 msmithMotions to Dismiss, TEXIPLAWBLOG, WDTX, WDTX - Austin, Willful infringement

Judge Pitman granted the motion, but only as to the plaintiff’s pre-suit willfulness claim.

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Motion To Dismiss Denied

December 18, 2022December 18, 2022 msmithMotions to Dismiss, TEXIPLAWBLOG, WDTX, WDTX Cases, Willful infringement

At issue were the plaintiff’s claims for post-suit contributory and willful infringement.  Judge Albright concluded that the plaintiff had sufficiently pleaded both.

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Batting .250 – Summary Judgment Rulings

June 21, 2022June 21, 2022 msmithDamages, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Summary Judgment, TEXIPLAWBLOG, Willful infringement

The parties filed four motions for summary judgment in this case.  One was granted – can you guess what the subject was?

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Pretrial Rulings in Marshall

May 23, 2022May 23, 2022 msmithEDTEXWEBLOG, EDTX IP, Experts, Limine Motions, Marking, Marshall, Summary Judgment, TEXIPLAWBLOG, Willful infringement

This order arising from a recent pretrial conference provides an example of the type of rulings that parties receive on the eve of trial from Judge Gilstrap.

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Twiqbal/Venue

May 19, 2022May 19, 2022 msmithArcane Pleading Issues, Motions to Dismiss, TEXIPLAWBLOG, Venue, WDTX, WDTX Cases, Willful infringement

This motion to dismiss raised issues regarding claim splitting and improper venue which were novel, and issues regarding indirect and willful infringement which were not.

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Post-Suit Willful Infringement

February 5, 2022February 5, 2022 msmithMotions to Dismiss, TEXIPLAWBLOG, WDTX, Willful infringement

This motion was limited to the plaintiff’s claims of willful and induced infringement.  And pre-suit indirect.  And post-suit contributory.  But that’s it.  Really.

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Motion to Dismiss Everything

February 5, 2022February 5, 2022 msmithMotions to Dismiss, TEXIPLAWBLOG, WDTX, WDTX Cases, Willful infringement

It’s partially granted.  And not just the part you think.

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Motion to Dismiss Direct, Indirect and Willful Infringement Claims Granted in Part

January 27, 2022January 27, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Motions to Dismiss, TEXIPLAWBLOG, Willful infringement

One out of three isn’t bad.

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Summary Judgment Rulings on Marking, Willful Infringement and Priority Date

May 3, 2021May 3, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marking, Marshall, Summary Judgment, TEXIPLAWBLOG, Willful infringement

Rulings on three topics in this case on the eve of trial – one with dueling motions.

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Death Penalty Sanctions in Waco

April 7, 2021April 7, 2021 msmithExceptional Case award - 35 USC 285, Injunctive Relief, Sanctions, TEXIPLAWBLOG, WDTX, WDTX Cases, Willful infringement

Yes, I’m in trial, but this is too big to pass up.

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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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