Eastern District Of Texas

  • Texas Welcomes TC Heartland

    … What does the Supreme Court opinion in TC Heartland mean for the business of patent litigation in Texas—particularly the Eastern District of Texas? On first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to land 40% of all newly filed patent cases. The courts have now begun…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • TC Heartland: A View from the (Supreme) Courtroom

    … Having led the team that filed an amicus curiae brief for 48 Internet companies, retailers, and associations in support of TC Heartland, Peter Brann attended the oral argument in TC Heartland v. Kraft at the Supreme Court yesterday. Though not a disinterested observer, he offers these thoughts on what he saw: Although the venue question…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • What Happens In East Texas Definitely Doesn’t Stay There

    … This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed since 2014…

    David Swetnam Burland/ Brann & Isaacson- 19 readers -
  • East Texas Court Orders Stay Pending Inter Partes Review

    … with a binding effect on the parties. When an inter partes review is filed, it is common for the accused infringer to seek a stay of the district court litigation pending the outcome of the Patent Office proceeding—allowing the specialized Patent Trial and Appeal Board a first crack at the validity question in a way that can simplify (if not eliminate…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • Timing Is Everything: Alice in East Texas (Again)

    …—that is, the Alice question. First, Magistrate Judge Payne of the Eastern District of Texas issued an order granting a plaintiff’s motion to strike expert testimony at trial regarding to the Alice question. Noting that the Alice question is a question of law for the judge to decide, not a question of fact for the jury, Judge Payne concluded that he would…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • New Year’s Grab Bag: Old Topics and Young Lawyers

    … Welcome to 2016! By all accounts, 2015 was a banner year: For patent litigation—the second–highest number of patent lawsuits ever were filed in 2015 (just behind 2013); For patent trolls, which accounted for two–thirds of those new lawsuits, up from 2014; And for the Eastern District of Texas, in which 44% of all new patent lawsuits were…

    David Swetnam Burland/ Brann & Isaacson- 10 readers -
  • Happy Federal Rules Amendments Day

    … If there was an advent calendar for federal civil litigators—and why would there be—opening the window on December 1, 2015, would reveal a brand–new—or, at least, significantly amended—set of Federal Rules of Civil Procedure. We’ve previewed the key amendments most immediately relevant to patent litigation—in with a new discovery regime…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Do New Federal Rules Mean Death for Local Patent Rules?

    …, in the Eastern District of Texas, the local patent rules require the parties to begin exchanging infringement and invalidity contentions and extensive document production starting ten days before the first case management conference. In the Northern District of Illinois, an accused infringer must produce documents relating to the accused…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
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