Michael C. Smith's Eastern District of Texas Blog – Page 2 – News and Insights from The Eastern District of Texas

Riding the Rails

September 11, 2019September 11, 2019 msmithCommentary

Marshall Depot & Ginocchio Hotel (now a restaurant)

I had a hearing in a patent case in Dallas Monday morning after Sunday’s afternoon’s game, which gave me an excuse to ride the train home to Marshall Monday afternoon.

The time was same as a drive (including a stop for dinner), but I had time to work, nap, read, and tell my companions in the dining car more than they wanted to know about Marshall’s train history. (They were nice enough to make sure I got off at my stop).

Disappointingly, we didn’t stop at Buc-ee’s. Amtrak needs to look into that.

Indefinite x 4

September 11, 2019September 11, 2019 msmithClaim Construction, Judge Robert W. Schroeder III, Marshall

Following a Markman hearing and supplemental briefing, the Court issued this opinion finding four of the asserted claims indefinite.

State Bar of Texas Intellectual Property Law Section TIPSheet – Fall 2019

September 11, 2019September 11, 2019 msmithIP Section - State Bar of Texas

I am pleased to report that the September issue of the State Bar of Texas Intellectual Property Law Section’s quarterly TIPSheet newsletter is out. It’s the first since I assumed the duties of editing it, and I’ve enjoyed the process and look forward to getting to work on the December issue. Don’t worry – no bad jokes or arcane historical references. (Yet).

In addition to Section news and information, it features a substantive article on tomorrow’s Pro Bono IP Workshop in Nacogdoches, which I’ll be attending to fetch drinks for the real patent lawyers, as well as one on recent amendments to the Texas Citizens Participation Act (TCPA)—also known as the Texas anti-SLAPP statute.

Section members get an email with a link to the individual articles and sections – the link below is the entire newsletter in one file. I hope you enjoy it.

2019-08-30-Tipsheet-FINAL Download

World’s Fastest Section 101 Denial

September 6, 2019September 6, 2019 msmithUnpatentable - 35 USC 101, WDTX Cases

Well, that was quick. The defendant’s motion to dismiss under section 101 was denied seven days before the response was due with a direction to refile after the Markman. (Apologies to Wacoans for the crude ALICO building).

No Service Extension for You (But Let’s Talk)

September 5, 2019September 4, 2019 msmithJudge J. Campbell Barker, Tyler

Neither judge believed that the plaintiff showed good cause supporting a mandatory extension of the service deadline – but reserved judgment on whether a discretionary extension was warranted.

EDTX Chief Clerk Murray Harris retirement – 1992 (updated)

September 5, 2019September 6, 2019 msmithCourt News

I ran across this photo this morning while looking for something completely different and thought it might be of interest. It was taken at Eastern District of Texas chief clerk Murray Harris’ retirement in 1992 after 18 years on the job, and shows most of the then-EDTX judges with a couple of guests. Shown (l to r) are:

EDTX Magistrate Judge Robert Faulkner
EDTX District Judge Joe Fisher
EDTX Magistrate Judge Wendell Radford
EDTX Magistrate Judge Earl Hines
EDTX District Judge Paul Brown
EDTX District Judge Richard Schell
EDTX District Judge William Wayne Justice
5th Circuit Judge Tom Reavley
EDTX Chief Clerk Murray Harris
EDTX Chief District Judge Robert Parker
EDTX BR Judge Houston Abel
EDTX District Judge Sam B. Hall, Jr.
EDTX Magistrate Judge Harry W. McKee
EDTX District Judge William Steger
NDTX District Judge Terry Means
EDTX Magistrate Judge Charles Attaway

Why did the EDTX judges picture include two out of district judges, Judge Tom Reavley and Terry Means? Because they were family. As I learned this morning from Murray’s daughter Ruth Yeager, they were both married to Murray’s sisters, i.e. they were his brothers-in-law.