More Uses Of Planned Parenthood In Waco - TexIPLawBlog.com
Judge Albright granted the motion to transfer in this case, referencing the Fifth Circuit’s recent opinion in In re Planned Parenthood for two of the relevant standards. #WDTX #TexIPLawBlog #MCSLaw
Motion To Sever And Stay Customer Suits - TexIPLawBlog.com
Judge Albright granted the defendants’ motion to sever and stay the proceedings against them, finding that the customer-suit exception applied – but so did the traditional stay factors. #WDTX #TexIPLawBlog #MCSLaw
Another Sua Sponte Transfer From Austin - TexIPLawBlog.com
Judge Pitman held, sua sponte, that venue in this trademark case against 46 defendants was not proper in the Western District of Texas, and that the case should be transferred to the Southern District of Texas. The court noted that his docket is busier, the plaintiff is from Houston, the defendants are all foreign, and speculated that there may not be specific jurisdiction as to them anyway. #WDTX #TexIPLawBlog #MCSLaw
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
With the changes that have occurred recently, I wanted to summarize my legal weblogs' current activity on social media.
I routinely cross-post headers or excerpts of the public portions of weblog content on several sites under the following names. (I stopped crossposting in Twitter in the fall of 2022).
LinkedIn: linkedin.com/in/michael-c-smith-98598a8
Mastodon: @mcsmith
Post News: @mcjsmith
Facebook: https://www.facebook.com/michaelcsmith/about
Twitter: @mcj_smith
After I stopped posting in Twitter I started posting slightly longer headers and post excerpts in LinkedIn, and sometimes in Post and Mastodon, since both are developing vibrant legal communities. I rarely crosspost weblog information on Facebook, since the page is a personal one. Full posts, including opinions and orders and full analysis are only available on the EDTexweblog / TexIPLawBlog website.
In the interest of completeness, I also have a personal weblog at Puttering In The Study and am slowly building my World War II (New) blog with posts on new information and insights on the most significant conflict in human history.
I also have a page on the Scalemates site at Mcsmith that contains my project pages and build albums for my scale modeling hobby. When I finish a project, I create a blog post on my page on the iModeler website at @mcsmith1964 which has a complete article on the build with selected photos - and a link to the full build album. #EDTexweblog #TexIPLawBlog #MCSLaw
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