Today, Judge Ward granted 3T's motion for judgment as a matter of law (JMOL) at the conclusion of the plaintiff's case in Southwest EFuel Network, LLC v. Transaction Tracking Technologies, LLC, 2:07cv311, finding that the plaintiff had failed to adduce evidence sufficient to go to the jury as to direct, contributory, inducing, or willful infringement. 3T dismissed its declaratory action counterclaims of noninfringement and invalidity without prejudice following the ruling. The winning trial team proceeded to analyze the Court's ruling at Marshall's Blue Frog Grill with 3T CEO Cathy Isaacs and trial graphics specialist Charlene Agnew of Advanced Litigation Solutions, Inc. (Don't we look like we're analyzing?)
The case began trial before the Marshall jury on Monday, January 11, and the Rule 50 motion by 3T was granted at the close of the plaintiff's case in chief midmorning of the next day, January 12. I had a great time working with this exceptional trial team, and was happy to see the client obtain such a great result. Incidentally, this is my first use at trial so far this year of the new 2010 O'Connor's Federal Rules * Civil Trials rulebook (which is purple camo this year), which came in handy during the brief trial looking up, well, standards for JMOLs, for one thing, although I was also researching some questions regarding use of depositions at trial using it when the case ended.
Southwest EFuels was one of possibly as many as five patent cases starting trial this week (or perhaps next) in the Eastern District of Texas. I just saw that the case in Judge Davis' court in Tyler announced settled today shortly before opening statements were set to begin, but I believe that there are still cases proceeding in Judges Everingham, Love and Folsom's courts.
