TEXIPLAWBLOG

Snowmageddon Meets Advanced Civil Trial

msmithEDTEXWEBLOG, Papers/Seminar Presentations, TEXIPLAWBLOG

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.

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Motion For Supplemental Hull Plating, Um Damages

msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

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.

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Motion to Stay Denied / Motion to Dismiss Granted in Houston Patent / Copyright Case

msmithCopyrights and Trademarks, Motions to Dismiss, SDTX, TEXIPLAWBLOG

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.

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