Eastern District Of Texas

  • 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

    …) the issues in the underlying lawsuit. Whether to grant a stay is within the discretion of the federal court in which the litigation was filed. In the nation’s most popular jurisdiction for patent lawsuits, the Eastern District of Texas, that discretion has rarely been exercised in favor of a stay. Yet even discretion has its limits, and can be abused…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • A Rare Sight: East Texas Judge Grants Motion to Dismiss Patent Infringement Suit

    … by the U.S. Patent and Trademark Office and its (ultimately successful) motion to dismiss. Given the east Texas court’s crowded docket, it is difficult for accused infringers to get a ruling on even early–case dispositive motions before expending significant sums on discovery and claim construction that, as it turned out in this case, were needless. The post A Rare Sight: East Texas Judge Grants Motion to Dismiss Patent Infringement Suit appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • Timing Is Everything: Alice in East Texas (Again)

    … Well, we warned you that Alice v. CLS Bank was going to remain a hot topic in 2016. Two more data points to support that theory have emerged, each of which, in a different way, relates to the proper timing of a judicial decision on the legal question of whether a patent’s claims are written so as to claim an unpatentable abstract idea…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Happy Federal Rules Amendments Day

    … 18. True to form, 196—just under 75% of the total—were filed in the Eastern District of Texas. Now that complaints must have more substance and discovery be in proportion to the value of the case, these new rules hold out the hope of a new dawn for patent litigation in which plaintiffs must state their claims more clearly and the costs of litigation need not drive settlement decisions. But will it prove a false dawn, as others before? The post Happy Federal Rules Amendments Day appeared first on Brann & Isaacson. …

    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 -
  • Alice Strikes Twice In East Texas

    … As a follow–up to yesterday’s post, we note that Judge Schroeder of the Eastern District of Texas also granted a motion for judgment on the pleadings under Alice v. CLS Bank on September 21. While two decisions do not a trend make, two decisions in one day send some kind of signal that Alice motions in the right cases are not dead letters in this district. The post Alice Strikes Twice In East Texas appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 8 readers -
    Earlier about the same topic:
  • Alice Bounces eDekka Patent In East Texas

    … The judges of the Eastern District of Texas have not been the most welcoming in the country to the early application of Alice v. CLS Bank—the Supreme Court opinion that lays out the two–step test for determining whether a patent should be voided because it claims abstract ideas, not inventions—in patent litigation. But the winds of change may…

    David Swetnam Burland/ Brann & Isaacson- 13 readers -
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