Legal media generated a good handful of interesting Waco-related stories pertaining to the VLSI-Intel case over the past couple weeks:
- Last week on the blog Mark covered Judge Albright’s conditional “reverse”-transfer of the VLSI-Intel case back from Austin to Waco for trial. Intel has since petitioned the Federal Circuit for mandamus relief from that order; Matthew Bultman of Bloomberg Law covers it: Intel Urges Federal Circuit to Stop Patent Trial Move To Waco
- Focusing in large part on Judge Albright’s VLSI-Intel order, Michael S. Nadel of McDermott Will & Emery, writing in the National Law Review, posits Waco to be the New Trial Hot Spot
- Meanwhile, Law360 covers Intel’s pending motion to adjourn the January trial date based on coronavirus-related concerns: Intel Asks WDTX Judge For IP Trial Delay Due To Virus Spread (subscription required)
- What seems relatively clear is that even with all the proceedings described above, VLSI-Intel has the greatest chance of any pending patent case nationwide of going to trial in the near future. Scott Graham of Law.com examines: It Will Be Months Before We See the Next Patent Jury Trial (subscription required)
And while not related to VLSI-Intel, over at IPWatchdog Victor Johnson shares his thoughts on why Judge Albright’s Latest Rules Ensure the WDTX’s Place as the New Patent Rocket Docket.
Otherwise, here are a few more stories we found interesting this week:
- The perpetually-relevant question of where a patentee can sue to enforce its patent(s) is addressed by John Kappos and Hana Oh of O’Melveny & Myers at Law.com: Patent Venue Reform: Forum Shopping In A Bear Market (subscription required; Judge Albright and Waco are addressed, but aren’t the primary focus)
- In case you missed it, new amendments to Federal Rule of Civil Procedure 30(b)(6) requiring that opposing parties consult with each other before proceeding with deposition took effect on December 1. Melissa J. Tea, Laura K. Veith, Jennifer J. Yeung of K&L Gates covered what was coming down the pike back in July: Proposed Amendments to Federal Rule of Civil Procedure 30(b)(6) Introduce a Meet-And-Confer Obligation in Advance of Corporate Depositions
- Bijal Vakil and Samuel Seham of White & Case examine two pending Federal Circuit appeals relating to the Smallest Saleable Patent-Practicing Unit (“SSPPU”) that could affect permissible calculations of royalty damages for patent infringement: Ongoing Appeals May Shape How Juries and Courts Determine Patent Royalties
Disclaimer: We share these links because we think they’re worth reading. Our doing so does not necessarily imply that we endorse any of the viewpoints expressed by the authors (unless we’re the authors).