Texas IP Roundup Ep. 4

Join us for another B-CLE live webcast with Michael Smith about the Texas courts. If you are litigating in Texas or think that you could be there soon, you need Michael’s unique perspective about procedures and trends. Michael also selects the key cases that you need to know about. It is like having your own personal tour guide for IP cases in Texas.

In this episode:

With the changes in case assignments and the retirement of Judge Yeakel, things are changing in the Western District of Texas.  We don’t know exactly what happens next, but you probably want to get to know the other judges and their approach to patent cases.  Luckily, Michael is watching the entire state.

What are the rules for venue this month, Judge Albright’s Atlas case gives us an interesting analysis of the inevitable collisions between Fifth Circuit cases and Federal Circuit cases.  It seems clear that court congestion is no longer considered relevant when the plaintiff is a non-practicing entity.

Two remedies cases–USAA and US Silica–provide great reading and a roadmap for challenging damages and seeking a permanent injunction.

Finally, the court gives us a great explanation of rule 50(a) and the de minimis exception.  For those looking to preserve their appeals, this is a must read.