Motion For Stay Pending IPR Granted
Judge Starr granted the motion and administratively closed the case.
TEXIPLAWBLOG
Motion to Continue Stay Denied
Judge Lynn is out of patience. The plaintiff has been moving to proceed without local counsel (NDTX requires local counsel) since February, and representing that there’s a settlement agreement. Plaintiff’s latest motion was denied – it has ten days to retain local, and the defendant has a week after that to respond to the amended complaint.
Motions to Dismiss Granted w/Leave to Replead; Motion to Transfer Denied
In this pair of opinions addressing motions by two defendants, Judge Gilstrap granted the motions to dismiss, but with leave to replead, denied a motion seeking to find the defendant’s US subsidiary a necessary party, and denied the motion to transfer.
Motion to Alter/Amend Judgment Denied
In an order addressing a complex situation post partial reversal on appeal, Judge Lynn denied the motion to amend the judgment consistent with her prior opinion.
“When The Horse Dies, Get Off”
I used this Gerry Spence saying a few years ago when arguing before EDTX Judge Trey Schroeder in Texarkana that a plaintiff’s maintaining an argument that venue was proper after the facts had disclosed otherwise was sanctionable. Sounds like Judge Albright might have been thinking the same thing.
Baylor Litigation Management LL.M. – Final Semester
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Just started the last semester of what’s been a very enjoyable and informative LL.M. at Baylor on litigation management. This semester I’ll be doing a deep dive into current trends in e-discovery using the Scheindlin & Capra text, as well as ethical issues in litigation management, expert witnesses, management of complex litigation, complex arbitration & negotiation, and small firm litigation management. And I’ll be wrapping up my research paper – actually two since we do both a short and a long version of our topic. Of course some of these topics are old friends – but one thing I’ve learned in this program is that there’s so much more to learn, even on subjects I’ve been dealing with for over 30 years now, some on a daily basis.
How Trial Settings Work In These Parts
The defendant asked the court to either continue the trial setting or in the alternative, to reorder trials. Judge Gilstrap denied the motion and explains how this all works. And I can add some observations here as well.
Another Waco Defense Verdict
A Waco jury in Judge Albright’s court rendered about a 5/6 defense verdict yesterday, finding none of the asserted claims infringed and two out of three invalid.
Going to “Cat Man Do”
If I told you this is about default judgments, would you really be as interested? Well, you should, because this is a case dealing with copyright damages that you might find a use for.
Mandamusing an Alternative Service of Process Order
Practitioners in Texas patent courts see orders granting or denying motions to permit alternative service all the time. What we see less often is the Federal Circuit weighing in on a request by an alternatively-served defendant for mandamus relief from such a motion. Here the Federal Circuit affirmed Judge Albright’s decision, providing some useful guidance on what’s permissible and the standard for review (with an Easter egg on mandamus standards).