Motion For (Basically) Sanctions Denied
The defendant sought enforcement of the court’s order on the bill of costs. Judge Gilstrap denied the motion, concluding that it wasn’t the right mechanism to enforce the order.
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Motion For Stay Granted
Judge Gilstrap granted the defendant’s motion for stay pending IPR review. Important to the court’s decision was that review had been granted on all asserted claims of the patent, and on multiple grounds, making the likelihood of simplification of issues material.
Motion to Stay Denied
Judge Albright denied defendant’s motion to stay the case pending a motion for an intra-district transfer to Austin, and addressed the difference between intra- and inter- district transfers.
Snowmageddon Meets Advanced Civil Trial
In New Orleans (somehow) this morning to speak on Post-Judgment Motions for the TexasBarCLE Advanced Civil Trial seminar. Since everything in Texas east of Houston is frozen (power’s out in Austin and airports are closed in Dallas and Austin) most of the speakers couldn’t make it as scheduled, so the schedule was revised and my presentation is pushed up an hour. But there are beignets and chicory coffee, they are giving me half an hour to talk on a trial procedure topic, and there’s a WW II museum just down the street so my day really couldn’t get better.
Jury Verdict in Garage Door Opener Case
A Marshall jury in Judge Gilstrap’s court returned a verdict Friday afternoon.
Motion for Stay Pending TTAB Proceeding Denied
Yes, TTAB. Judge Jordan denied the defendant’s motion to stay proceedings in this trademark infringement case pending the resolution of related cancellation actions.
Houston Jury Finds No Patent Infringement
A Houston jury found that the defendant in this oilfield competitor case did not infringe any of the three asserted claims, but that the claims were not proven invalid.
Improved Gun Holsters
Well, technically, it is an improved holster for some very, very big guns. Coincidentally that’s what this IP case dealt with. But the court denied the parties’ motion to stay pending rulings, noting that the parties hadn’t shown good cause to modify the scheduling order.
Motion For Supplemental Hull Plating, Um Damages
The prevailing plaintiff filed an unopposed motion seeking an additional $2.28 million in supplemental damages (damages through entry of final judgment) to add to the $31.5 awarded by the jury. Judge Gilstrap denied the motion, noting that such an award must be based on actual sales information, and not just a per diem estimate by an expert, and directed the parties to put the proposed judgment back into, um, drydock where they could work out the numbers based on actual sales – and calculate interest accurately based on those numbers.
Motion To Enlarge Time To Serve
Yes, it’s possible to have a case look as bad as the Texas’ stern. The plaintiff didn’t realize it had not served the defendant with process for seven months. Noting that there was no good cause shown for the lack of service, Judge Albright denied the motion to extend the time to serve, and dismissed the case.