Yesterday the Federal Circuit issued an order granting a mandamus petition filed by Apple regarding a patent case proceeding in the Waco Division. The order effectively reverses Judge Albright’s prior denial of Apple’s motion for a convenience transfer to the N.D. Cal. under 28 U.S.C. § 1404(a), based on the Federal Circuit’s “conclu[sion] that Apple […]
On November 9, 2020, the Federal Circuit issued an order granting Apple’s mandamus petition to transfer its case against Uniloc to the Northern District of California (“NDCA”). We previously discussed the panel majority opinion, so this post will focus on Judge Judge Kimberly A. Moore’s dissenting opinion – which contained some flavorful rhetoric. Judge Moore […]
As part of Judge Albright’s continuous attempts to make litigating in the Waco Division optimally efficient, Judge Albright recently released his newest Order Governing Proceedings (OGP) Version 3.2. The newest version has some significant changes front the prior order, namely the briefing schedule for Markman and including default venue/jurisdiction discovery limits. Here are the new […]
There’s not one all-encompassing event dominating WDTX coverage this week—though watch next week for another set of anticipated updates to Judge Albright’s Order Governing Proceedings. Until then, here are some general IP-related links to tide you over: When the PTAB exercises its discretion not to institute an IPR is a topic of perpetual interest to […]
UPDATED MAR. 4, 2021 We’re jumping back in time a few weeks to cover an event that occurred during the runup to (but wasn’t related to) the MV3 v. Roku trial, and that’s been relatively little-covered by the legal media. Namely, on October 1 the Judicial Panel on Multidistrict Litigation issued an order centralizing eight […]
We’ll eventually wean ourselves off of continuing coverage of the MV3-Roku trial, but until then we want to make sure you’re aware of a wide array of perspectives in the legal media at large: Sushila Chanana, Julia Kropp, and Ashleigh Nickerson of Farella Braun & Martel ponder the potential effects of last week’s defense verdict […]
The Eastern District of Texas started the “rocket docket” for patent litigation (generally considered to have begun with Judge Ward’s 2001 issuance of the Court’s Patent Rules) many years before the recent rise of the Western District of Texas and its steady march towards the number one spot for patent case filings. So, how similar […]
Judge Albright’s MV3-Roku trial (which we covered extensively this week and last) was the talk of much of the legal media. Some of the coverage we found most interesting was: Bloomberg Law presented “Four Takeaways” from the trial. Law360 covered openings last week (free given COVID-related content) and the final verdict this week (subscription-only). The […]
Today was the last day in the MV3 v. Roku showdown, Judge Albright’s first patent trial since he took the bench two years ago. Here are the highlights: At 8:00 a.m. sharp Judge Albright took up two brief issues before the beginning of closing argument. Counsel for Roku was concerned that MV3 would say, in […]
As this post’s title gives away, today was not, after all, the final day of the MV3-Roku trial, but tomorrow will be. Closing arguments will begin at 8AM. In terms of how we got there, here are the highlights: Courthouse safety procedures: The Court deployed a more extensive array of pandemic-related precautionary measures than last […]