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.
A Marshall jury in Judge Gilstrap’s court returned a verdict Friday afternoon.
Yes, TTAB. Judge Jordan denied the defendant’s motion to stay proceedings in this trademark infringement case pending the resolution of related cancellation actions.
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.
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.
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.
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.
The NDTX (which does not currently have a 109 year old battleship in drydock to have its blister tanks tweaked) granted a motion by the defendants to stay discovery in the case briefly while the court considers their motions to dismiss.
Judge Rosenthal denied the request to stay her grant of the plaintiff’s motion for preliminary injunction, but granted the motion to dismiss the plaintiff’s copyright claims for lack of standing, as well as other claims for lack of personal jurisdiction. None of which is as interesting as the day we spent Sunday (near Houston) touring the 109 year old battleship Texas, currently in drydock to have her hull blisters nipped and tucked.
In a situation with all the hallmarks of defendants attempting to avoid service, Judge Sean Jordan granted a motion for alternative service.