Complaints About Attorneys Fees Award Rejected - EDTexweblog.com

The plaintiff asserted several objections to Magistrate Judge Baxter’s award of fees, none of which Judge Schroeder agreed with.  Specifically:
yes it can be a report and recommendation,
yes, you waived your objections to the court’s claim construction rulings,
yes, you should have known your infringement theories were unsupported when the summary judgment report came out in the companion case, and
yes, the case is “exceptional” - you continued to pursue theories that you knew or should have known were baseless, filed meritless motions, and argued positions that had already been rejected.
#EDTX #EDTexweblog #MCSLaw

Order Denying Motion To Change Lead Counsel - EDTexweblog.com

The court’s order set out its expectations of lead counsel in a patent case, and laid out the potential consequences of a late change in designation. (Lead is the one on the left - second chair always has that weird look, don't they?) #EDTX #EDTexweblog

Plaintiff’s Motion for Reconsideration Of Order Granting Motion To Dismiss For Improper Venue Denied - EDTexweblog.com

Plaintiff asked Judge Gilstrap to reconsider his order granting BMW’s motion to dismiss its complaint for improper venue following Federal Circuit’s opinion in In re: Volkswagen Grp. of Am., Inc., 28 F.4th 1203 (Fed. Cir. 2022), arguing that rather than dismiss the action against both defendants, the court should’ve dismissed only the domestic entity. #EDTX #patentvenue #MCSLaw

I'm late posting an introduction, so here goes.
I am a lawyer in my hometown of #MarshallTexas - married w/3 boys #autism . My wife and I enjoy traveling, and especially #Cruising .

Education - BA at #TAMUC (was ETSU) & law school at #BaylorLaw. Have a masters degrees in public affairs from the #LBJSchool at #UTAustin, and in World War II Studies from Arizona State University #ASU and the National World War II Museum #WWIIMuseum #WWIIStudiesMA . Currently working on an executive LL.M. in litigation management at Baylor Law School #BaylorLawLLM .

I practice mainly in U.S. federal courts litigating and trying to juries intellectual property cases, and blog at EDTexweblog.com #EDTexweblog #MCSLaw . Devoted follower of #AppellateTwitter . #LawTwitter #patentlitigation #EDTX #WDTX .

I enjoy #reading , including #WorldWar2 #UrbanFantasy #ScienceFiction #LOTR #StarTrek #Hornblower #Archaeology as well as #ArchaeologicalPorn (which in this context refers to Dan Brown/Steve Berry type books - not the paintings in Pompeiian brothels). Also enjoy #LandscapeArchitecture and our beloved #DallasCowboys but my principal hobby is #ScaleModeling with an emphasis on #ShipModeling usually WW II or #NavalHistory subjects. Have written two books on aircraft carriers and have a particular interest in #EssexClassCarriers .

I post on all of this on my personal weblog Puttering in the Study at www.mcsmith.blogs.com #PutteringInTheStudy .