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

    …. In ordering a stay, the judge concluded that (1) Intellectual Ventures, a licensing entity (a/k/a patent troll), would not be unduly prejudiced by the stay because all it was seeking from the litigation was money; (2) the defendants filed their motion to stay in good time because it was reasonable for them to wait to learn whether the PTAB would agree…

    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

    … filed. Of those, 95% were patent troll cases. [HT: Ars Technica] 2015 was a big year for Alice v. CLS Bank, under which the Federal Circuit and the federal district courts routinely held patents to computer–implemented abstract ideas invalid. By our count, the Federal Circuit has affirmed the invalidity of asserted patents in 12 of the 13…

    David Swetnam Burland/ Brann & Isaacson- 10 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?

    … instrumentality and a copy of each known piece of prior art within fourteen days after the defendant answers or otherwise responds to the complaint or the plaintiff answers or otherwise responds to a counterclaim. So where, after December 1, 2015, does the new rule of proportionality in discovery leave local patent rules that front–load expensive discovery…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
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