Defense verdict x 2 in Marshall patent case
A Marshall jury found the claims both not infringed and invalid.
EDTX IP
Optis Apple Damages Retrial Set
The court resolved the disputes over the case schedule and set the damages retrial for August 2, 2021.
Priority Dates
The question here was the admissibility of evidence of earlier priority dates.
May Marshall Patent Verdict #2
The second May patent trial in Marshall has concluded.
It’s May, So Patent Plaintiffs Are Winning Again
More important than the Marshall patent verdict however, which I’ll get to momentarily, is that our son Grayson James graduated from Baylor yesterday.
Summary Judgment Rulings on Marking, Willful Infringement and Priority Date
Rulings on three topics in this case on the eve of trial – one with dueling motions.
Lack of Personal Jurisdiction & Venue That’s Improper
Motion to dismiss claiming both.
Post-Trial Observations
I’ve spent the last three weeks in trial in two EDTX courts during COVID, and wanted to pass along some observations. The most important is that fried Oreos exist, but there are a few others as well.
Another Marshall patent defense verdict
April is “definitely” not March with the defense’s second patent win in Marshall this month – the third in EDTX if you count the Texarkana verdict, which evens us up for the year.
A Marshall jury in Judge Gilstrap’s court returned a defense verdict this afternoon in Gigamon v. Apcon, finding none of the asserted claims infringed and all invalid.
Congratulations are in order to our trial team for Apcon, including Adam Alper, Mike DeVries, Akshay Deoras, Leslie Schmitt, Kristen Reichenbach, Josh Glucoft, Natalie Flechsig and a larger cast that worked with me away from the podium (assisted by two copies of O’Connor’s Federal Rules * Civil Trials (2021) I note). Well, I did do voir dire for our side – and I am pretty proud of how our eight jurors did obviously.
Gigamon-verdict
I’ll post more next week on some of my experiences in these last three weeks in trial in Sherman and Marshall under the current COVID protocols.
Res judicata (claim preclusion)
The question was whether previously asserted claims precluded assertion of the claims in this case.