The IP Law Blog

NOVEMBER 17, 2022

Monolithic”) in the Western District of Texas, alleging Monolithic infringed Bel Power’s patents by selling power modules for use in electronic devices. However, the Federal Circuit’s ruling in In re Monolith Power Systems, Inc. may have reopened that question. Bel Power Solutions Inc. (“Bel Bel Power”) sued Monolithic Power Systems, Inc.

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Work From Home Litigating Litigation Statute 98

SCOTUSBlog

OCTOBER 10, 2022

Share On Tuesday the justices will hear oral argument in the case of Texas death-row inmate Rodney Reed , who is seeking DNA testing for evidence that he believes will clear him. The question that the justices will consider in Reed’s case is when the statute of limitations to pursue a federal civil rights claim begins to run.

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Statute Construction Litigation Litigating 110

Patently O

JULY 1, 2021

The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics. As explained below, the owners of Ikorongo Texas formed the company as an attempt to solidify venue in W.D.Texas and avoid the case being transferred for inconvenient forum. Thus, no proper venue.

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Statute Litigation Litigating Court 105

Patently O

OCTOBER 6, 2021

Thus, the statute provides a district court with discretion to move venue “[f]or the convenience of parties and witnesses, in the interest of justice.” An oddity of patent litigation jurisprudence is that Section 1404 determinations are not deemed patent-law specific. ” 28 U.S.C.

Laws 122

Laws Litigation Litigating Statute 122

Patently O

JANUARY 24, 2022

For those unfamiliar with how cases are assigned in district courts, let’s use the Western District of Texas as an example. The Western District of Texas is a vast district, stretching more than 600 miles across from El Paso (on the western limits of the state) to Waco (which is much nearer to Louisiana than New Mexico).

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Litigation Litigating Court Statute 60

Patently O

FEBRUARY 21, 2022

Ikorongo Texas LLC, et al. Ikorongo Texas LLC holds exclusive rights to a set of patents, but only with respect to use of the inventions in counties within the Western District of Texas. This includes McLennan County, home of Waco Texas and Judge Albright’s court. . § by Dennis Crouch. Samsung Electronics Co.,

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Litigation Litigating Technology Lawyer 89

Patently O

JULY 17, 2024

In a recent decision out of the Southern District of Texas, Judge Lee Rosenthal found the patent infringement case brought by VDPP against Volkswagen to qualify for sanctions under the Patent Act 35 U.S.C. § The court also relied upon 28 U.S.C. 1927 and its inherent powers to directly sanction VDPP’s attorney William P. ” Id.

Attorney 64

Attorney Litigation Litigating Statute 64

The Crime Report

FEBRUARY 7, 2022

As high-profile police killings persist, many victims have turned to private litigation as a path to justice. While Section 1983 was integral to early civil rights litigation, in the context of police misconduct the statute reinforces the understanding of “individual perpetrators causing individual harm.”.

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Litigating Litigation Statute Legal 98

SCOTUSBlog

JUNE 23, 2022

1983 ; they are not forced into federal habeas litigation that is procedurally doomed. The Heck bar is a big deal to death-sentenced prisoners who challenge execution methods, because those challenges almost always ripen after the first round of federal habeas litigation finishes. But Texas had to change a regulation, not a statute.).

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Litigation Litigating Statute Court 98

Paralegal Bootcamp

APRIL 27, 2023

Jessie is a board certified trial paralegal in Texas. She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Litigation Paralegal Boot Camp Are you still waiting for on-the-job training that takes you through each phase of a litigation case and shows you what you can do to support your attorneys?

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Paralegal Certificate Paralegals Paralegal Bar Exam 130

SCOTUSBlog

APRIL 25, 2022

The justices agreed to hear the case of Texas inmate Rodney Reed , who was sentenced to death for the 1996 rape and murder of Stacey Stites. A state trial court turned him down, prompting Reed to file a federal civil rights lawsuit challenging the constitutionality of the Texas law governing post-conviction DNA testing.

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Court Litigation Litigating Statute 101

Patently O

AUGUST 3, 2021

Under the statute for patent litigation venue, venue is proper in a judicial district if either (1) the defendant is incorporated in the district or (2) the defendant infringes within the district and also has a “regular and established places of business” in the district.

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Statute Litigation Litigating Court 126

LawSites

FEBRUARY 26, 2024

Courts are themselves a key part of the access to justice problem: opaque, duplicative and confusing court forms and burdensome filing processes make accessing the civil justice system deeply inefficient for the sophisticated, and an impenetrable maze for the 70+% of civil litigants who don’t have a lawyer.

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Litigation Litigating Law School Lawyer 134

SCOTUSBlog

MARCH 30, 2022

Case in point: Texas v. That case, which involved Texas’ challenge to a regulation that delegated governmental authority to an actuarial group to set standards for Medicaid reimbursement, had been rescheduled twice and relisted six times going into last Friday’s conference. Texas , a capital case from the Lone Star State.

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Stare Decisis Court Felony Statute 113

SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Texas , 21-6001. Federal Trade Commission. Returning Relists.

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Stare Decisis Administrative Law Statute Government 102

SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. Texas Entertainment Association, Inc. However, the U.S.

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Government Statute Cause of Action Entertainment 107

SCOTUSBlog

FEBRUARY 23, 2022

In 1998, petitioner Rodney Reed was convicted in Texas state court of the murder of grocery store clerk Stacy Stites and sentenced to death. Goertz , Reed seeks review, arguing that other circuits would not start running the statute of limitations until the end of the appeals process, which in Reed’s case did not occur until October 2017.

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Statute Court Litigation Litigating 110

Patently O

JUNE 26, 2024

by Dennis Crouch The Federal Circuit recently denied a petition for mandamus seeking to overturn a district court order transferring a patent case from the Western District of Texas to the Northern District of California. The statute at issue 28 U.S.C. In re Haptic, Inc. , 2024-121 (Fed. June 25, 2024). 3d 201 (5th Cir. 3d 1194(Fed.

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Litigation Litigating Construction Court 40

Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

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Statute Litigating Litigation Cause of Action 52

SCOTUSBlog

APRIL 12, 2022

Texas , 21-5050. Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Texas , 21-6001. relisted after the April 1 conference). Returning Relists.

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Stare Decisis Court Statute Litigation 115

Patently O

DECEMBER 10, 2020

At that time, patent litigation was highly concentrated in the Eastern District of Texas, and the proper venue statute, 28 U.S.C. The pre- TC Heartland nullification of the proper-venue statute (§ 1400(b)) was a but-for cause of the E.D. Texas is a proper venue for Apple; It also seems like it is pretty darn convenient.

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Statute Litigation Litigating Court 82

Diane Drain

MAY 15, 2021

Some language was included as an amendment, but only time will tell if that language holds up to litigation of the issue. Courts have repeatedly reiterated that the legislative purpose of the homestead exemption statutes is to allow the family to prevent judgment creditors from taking the family home.(ii)

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Laws Litigation Litigating Court 197

SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen.

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Laws Law Office Court Legal 145

SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. The FCA gives the government a fair amount of ability to control the litigation. Texas prisoner Anibal Canales Jr. Texas , 21-6001. United States. United States and Ruan v.

Government 106

Government Stare Decisis Court Litigation 106

Patently O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. A lot of litigation power is being spent on whether or not the plaintiff’s choice of judge (Judge Albright) will stick.

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Laws Court Litigation Litigating 95

SCOTUSBlog

NOVEMBER 4, 2021

Texas and Whole Woman’s Health v. Another important rule is the framework for confirming or vacating an arbitration award; Sections 9 and 10 of the statute set out rules for that process, which generally make it easy to get an award confirmed by a court. But in Badgerow v.

Statute 107

Statute Court Litigation Litigating 107

OilandGasLawyer

OCTOBER 28, 2020

The Texas Supreme Court will hear arguments in December in Concho Resources v. Samson drilled a well on the disputed 154-acre tract, leading to the litigation. Ellison sued all three for conversion and for payment of amounts due under the division order statute, Texas Natural Resources Code section 91.404. Ellison , No.

Statute 40

Statute Court Litigation Litigating 40

SCOTUSBlog

OCTOBER 4, 2024

Three courts of appeals have adopted a literal interpretation of the law, he said, “to criminalize only the making of statements that are false,” while four others (including the one in which he was convicted) “interpret the statute more broadly” to apply also to misleading statements. Texas & Interim Storage Partners v.

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Manufacturing Court Government Depositions 125

SCOTUSBlog

APRIL 20, 2022

Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury. was filed by a plaintiff seeking to enforce a similar registration statute. In Cooper Tire & Rubber Company v.

Statute 107

Statute Stare Decisis Court Manufacturing 107

Patently O

DECEMBER 5, 2022

Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas. Proper venue is rarely a big deal these days in Federal Litigation. Congress amended the venue statutes so that, in most cases, venue rises and falls with personal jurisdiction. by Dennis Crouch. In re Monolithic Power Systems, Inc. 21-cv-00655.

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Statute Construction Litigation Litigating 81

SCOTUSBlog

APRIL 27, 2022

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. Goertz , involving the question of what statute of limitations state prisoners face when raising claims seeking DNA testing of crime-scene evidence.

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Statute Stare Decisis Court Drafting 98

SCOTUSBlog

DECEMBER 7, 2022

A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

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Immigration Court Statute Law Firms 104

SCOTUSBlog

MARCH 2, 2022

Texas , 21-5050. Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Bruce Church, Inc. relisted after the Jan. 18 and Feb. 25 conferences). 18 and Feb.

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Court Statute Education Lawyer 95

SCOTUSBlog

SEPTEMBER 3, 2021

In Broadnax’s case, a Texas court had already rejected his challenge that racial bias tainted his trial, in which a nearly all-white jury convicted him, a Black man, of murdering two white victims. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court. Broadnax v.

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Litigation Litigating Court Attorney 111

Patently O

AUGUST 2, 2021

Sito Mobile (SITO) sued Hulu in the Western District of Texas (Waco), alleging infringement of seven of its patents. The 100 mile and state line rules mean that Judge Albright could not compel a non-party witness to fly from Southern California to Texas in order to testify in court. by Dennis Crouch. In re HULU, LLC ( Fed.

Court 92

Court Statute Litigation Litigating 92

Diane Drain

APRIL 15, 2021

At $150,000, Arizona already has one of the higher homestead exemptions, according to Asset Protection Planners, though eight states including Texas and Florida offer unlimited protection. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary.

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Laws Small Business Attorney Finance 211

SCOTUSBlog

SEPTEMBER 29, 2023

The doctrine at the center of the case is known as the voluntary cessation doctrine – the principle that plaintiffs can continue to litigate their case unless the defendant shows that it cannot simply resume the conduct that prompted the lawsuit after the case is dismissed. The plaintiff in the case, Yonas Fikre, is a U.S. In Corner Post v.

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Calendaring Court Statute Court Rules 128