Skip to content
Michael C. Smith's Eastern District of Texas Blog
Login

Forget password? | Not a member? Sign up here.
Signup
  • Home
  • About
  • Contact
Eastern District of Texas News and Insights | IP Law in Texas Federal Courts
  • EDTEXWEBLOG
  • TEXIPLAWBLOG
    • EDTX IP
    • NDTX IP
    • SDTX IP
    • WDTX IP
      • WDTX – Austin
      • WDTX – Waco
  • Legal Topics
    • Alternative Service
    • Amending Patent Contentions
    • Arbitration
    • Arcane Pleading Issues
    • Attorney Fees
    • Claim Construction
    • Class Actions
    • Copyrights and Trademarks
    • Court Costs
    • COVID-19
    • Cybersecurity
    • Damages
    • Design Patents
    • Discovery
    • Disqualification
    • Employment Law
    • Enhanced Damages – 35 USC 284
    • Exceptional Case award – 35 USC 285
    • Experts
    • Extensions/Continuances
    • Fair Labor Standards Act
    • False Claims Act
    • Federal Circuit Opinions
    • Indefiniteness
    • Inequitable Conduct
    • Injunctive Relief
    • Intervention
    • IPR
    • JMOL rulings
    • Jury instructions
    • Marking
    • Motions to Dismiss
    • Mediation
    • Multidistrict Litigation (MDL)
    • Patent Litigation
    • Personal Jurisdiction
    • Protective Orders
    • Removal & Remand
    • Sanctions
    • Stays
    • Summary Judgment
    • Trade Secrets
    • Unpatentable – 35 USC 101
    • Venue
    • Verdicts
    • Willful infringement
  • EDTX Judges
    • Judge J. Rodney Gilstrap
    • Judge Marcia A. Crone
    • Judge Amos L. Mazzant III
    • Judge Robert W. Schroeder III
    • Judge Jeremy Kernodle
    • Judge J. Campbell Barker
    • Judge Sean D. Jordan
    • Judge Ron Clark
    • Judge Richard Schell
    • Judge Caroline Craven (USMJ)
    • Judge Keith F. Giblin (USMJ)
    • Judge Zack Hawthorn (USMJ)
    • Judge John D. Love (USMJ)
    • Judge K. Nicole Mitchell (USMJ)
    • Judge Roy S. Payne (USMJ)
    • Judge Kimberley Priest Johnson (USMJ)
    • Judge William Bryson (CAFC)
  • EDTX News
    • EDTX General Orders
  • EDTX Divisions
    • Beaumont
    • Lufkin
    • Marshall
    • Sherman
    • Texarkana
    • Tyler
  • Commentary
    • Book Reviews
    • EDTX Throwback Posts
    • Law Office Management
    • Papers/Seminar Presentations

Motion To Compel Source Code

June 28, 2022June 28, 2022 msmithDiscovery, EDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

The court found that the defendant owned and controlled the requested source code and that the third party was obligated to provide defendant with the code.

Read more

Another Stay Pending Re-Examination In Austin

June 28, 2022June 28, 2022 msmithStays, TEXIPLAWBLOG, WDTX, WDTX - Austin

The court noted that reexam had been granted for three of the patents at issue.

Read more

Motion To Designate New Expert and Continue Bench Trial on Prosecution Laches

June 28, 2022June 28, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Well, this is an interesting fact situation.

Read more

Pretrial Motions in Damages-Only Retrial

June 27, 2022June 27, 2022 msmithDamages, EDTEXWEBLOG, EDTX IP, Experts, Judge Robert W. Schroeder III, Limine Motions, Summary Judgment, TEXIPLAWBLOG, Tyler


Mostly limine with a side of motion to exclude and a doggie bag of MSJ and expert  rulings.

Read more

Dismissal of Bouncy-House Defendant

June 24, 2022June 24, 2022 msmithCopyrights and Trademarks, Motions to Dismiss, Personal Jurisdiction, SDTX, TEXIPLAWBLOG, Venue


This case arises out of a bouncy-house franchise.  In my experience, kids liked the Star Trek theme for the party more than they did the bouncy house.

Read more

Motion For Summary Judgment Of Noninfringement

June 24, 2022June 24, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Summary Judgment, TEXIPLAWBLOG

This short order zeroed in on the “many” disputes of material fact that prevented summary judgment in this case.

Read more

Posts navigation

Older posts
Newer posts

Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
Read More

Subscribe & Follow

  • Follow on LinkedIn
  • Subscribe via RSS
  • E-Mail Me

Archives

  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • Home
  • About
  • Contact

113 East Austin Street | Marshall, TX 75670 | (903) 938-8900 | michael.smith@solidcounsel.com

Privacy Policy | Disclaimer | © Michael C. Smith