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Texas Patent Litigation Monthly Wrap-Up: June 2024

Universal Connectivity Tech. Inc. v. Dell Tech. Inc., 1-23-cv-01506 (W.D. Tex.), Dkt. No. 34, Report and Recommendation of Magistrate Judge Susan Hightower to Judge Pitman - A magistrate judge recommended denying...more

What is Patentable Subject Matter?

Patent eligibility is the first of three hurdles to be cleared in obtaining a patent (the other two are novelty and non-obviousness). This post is the first of a series that provides a digest of the law of...more

Patent Local Rules: Knowing Them Well Can Make Litigating Your Case Smoother

Federal district courts throughout the country have enacted “patent local rules” that streamline how patent cases are litigated.  Here we provide a brief description of what they are, how they are applied, and some reasons...more

Federal Circuit Rules No “Prevailing Party” for Attorneys’ Fees under § 285 after Plaintiff’s Voluntary Dismissal – Even Where...

A defendant facing a newly filed lawsuit has options when deciding how to respond to the complaint. Some responses automatically excuse the defendant from answering the complaint temporarily (e.g., a motion to dismiss under...more

EDTX & NDTX Monthly Wrap-Up – September 2019

This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of September 2019....more

EDTX & NDTX Monthly Wrap-Up – November 2017

This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of November 2017. This post will focus on how the Eastern District of Texas continues...more

Shifting the § 101 Burden

The Eastern District of Texas has long been known as a favorable forum for patentees to survive motions to dismiss or for summary judgment based on invalidity under 35 U.S.C. § 101. Indeed, a 2015 study by the Electronic...more

Contention Discovery Requests in Texas: Punting in the First Quarter Could Lead to Disaster in the Fourth

It happens every day: one litigant serves discovery requests on another, asking the latter to “identify every fact” or “explain every basis” for the party’s legal contentions in a lawsuit. Usually, the response is standard:...more

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