Motion For New Trial Denied
Judge Gilstrap denied the defendant’s motion for new trial in this case in which the Marshall jury awarded the plaintiff a one-time lump sum of $4.3 million as a reasonable royalty on September 16, 2022.
Motion To Transfer Venue Granted
Judge Boyle granted Google’s motion to transfer venue against it to the NDCA.
Motion To Transfer Venue Denied; In re Google Addressed
Judge Albright denied the motion, noting that the relevant evidence was either located in the WDTX or remotely accessible in the WDTX, with none only accessible in the CDCA, and therefore under In re Planned Parenthood, the sources of proof factor was neutral. As was the court congestion factor under In re Google. In fact the only factor which wasn’t neutral was the presence of other litigation, which the court found weighed strongly against transfer – accordingly the CDCA was not show to be a clearly more convenient forum.
Waco Dismissal
Judge Biery granted the motion by defendant Google to dismiss the plaintiff’s case, finding the infringement claim not plausible – and noting a recent NDCA opinion finding the same thing. The Court also denied leave to amend.
IAM Article: “EDTX judge’s new limine order takes name-calling off the table”
My article on Chief Judge Rodney Gilstrap’s new standing order on motions in limine was published on IAM last week – it’s accessible to subscribers here. Unlike most of my writing, which is perhaps more directed towards practitioners, it is focused on what clients might want to know about the order. The principal takeaway is that it ought to save clients money, and help inform them what sorts of issues and arguments are off the table in Judge Gilstrap’s court.
Post-Verdict Motions, Including Inequitable Conduct
Judge Gilstrap denied the defendant’s renewed motions for judgment as a matter of law, letting the jury’s award of $75,229 stand. In a separate order, supported by findings of fact and conclusions of law, he found that the defendant had failed to establish by clear and convincing evidence its inequitable conduct defense.