Loren Steffy has an article on the local patent docket in Texas Monthly this month that readers might enjoy.
Some good quotes, although I would qualify my quote that plaintiffs win about half the cases in Marshall to note that that's a long-term win rate - at present they only win about a quarter to a third. (I do like my "trash cases" comment though).
(Exceedingly original photograph of the Sam B. Hall, Jr. courthouse in Marshall from Sam B. Hall, Sr.'s courthouse across the street by photographer ... wait for it ... O. Rufus Lovett. Only Texas Monthly).
My recent post about the new ED Tex bar website, reminded me that I wanted to call to readers' attention the page concerning the new Association for Former Law Clerks of the Eastern District of Texas. If you are a former law clerk of the Eastern District of Texas (like the exemplars shown at left) and would like to join the Association, please click here.
As readers know, the annual Bench Bar Conference for the Eastern District Federal Courts is scheduled for October 22 - 24, 2014 at the Plano Marriott at Legacy Town Center in Plano, Texas. A highlight of the annual conference will be the award of the 2014 John Hannah, Jr. Award for Public Service in memory of the former chief judge of the Eastern District of Texas. The award recognizes a Texas attorney admitted to practice in the Eastern District of Texas who has demonstrated a superior commitment to public service. Nominees should have a record of public service that is marked by high standards of personal integrity and dedication.
To download a copy of the announcement letter from E.D. Bar association President Kirk Mathis requesting submission of nominations which contains more details about the award and nomination deadline, please click the link below:
To download the nomination form, please click the link below:
The highlight of the closing afternoon of the bench/bar in Plano was the keynote address by Chief Judge Randall Rader of the Federal Circuit Cort of Appeal. I have summarized Judge Rader's talk below, but a copy of his remarks is attached here and I commend it to you - Download Rader 2013 ED Tex B&B Speech
Fresh from a rousing evening providing the entertainment last night, Judge Rader started his speech with an Eastern District-specific version of "Deep in the Heart of Texas". He then gave a talk on what he described as two topics: patent law and litigation abuse. Judge Rader postulated that there is a crisis of confidence in the patent system that is driven by litigation abuse. He said that when it comes to litigation abuse it should not matter what kind or size of entity is at issue - what matters is whether the party has done something wrong. His speech was stopped by applause when he said that the judicial remedy is the right one - judges are best-equipped to recognize blameworthy conduct.
The talk addressed three keys to solving litigation abuse:
Judge Rader's remarks concluded with a call for the bar to help solve the current crisis of confidence in the patent system by working with the bench to address litigation abuse through judicial action, as opposed to legislative action. "We only can do it if you're in it with us," he told the assembled attendees. "We're in this together".
Please consider nominating a deserving attorney for this prestigious award. The deadline for nominations is Wednesday, October 9, 2013. The recipient will be formally recognized at the Eastern District of Texas Bench Bar meeting to be held at the Plano Marriott on October 30 - November 1, 2013. The Hannah Award announcement and nomination form can be found on the Bar Association's website, www.edtexbar.com or by contacting Bar Association President Lance Lee at firstname.lastname@example.org or 903-223-0276.
Taking a break from the wonderful world of litigating patent infringement cases this morning to remind readers that the 2013 ED Texas Bench Bar Conference has been set for October 30-Nov 1, 2013 at the Marriott Legacy Town Centre in Plano, Texas.
The agenda is a jaw dropper. I know I say this every year, but Clyde has really outdone himself this year this time - just listing the events sounds like an ad for a kitchen multitool.
As you'll see, in addition to the usual suspects, we have a keynote address by Federal Circuit Chief Judge Rader (who is handling entertainment duties as well with his band Abuse of Discretion (Ed note: I am advised that this is a temporary name change for the event - it normally it rocks under the moniker De Novo), panels with two Federal Circuit and two Fifth Circuit judges plus district judges from ND Texas, Delaware, and ND and SD California, two panels moderated by Arthur Miller, no fewer than five events focused on presenting cases to jurors, and not one but two panels on the hot topic of NPE litigation. Oh yeah, and we're also going to try Lee Harvey Oswald for murder (no, seriously). Here is a run down of the substantive events
You should be getting notices from the clerk's office about the event shortly. The event is applying for 16 hours of CLE credit, including 2 hours ethics. Thanks to our general sponsors, the registration fee includes two receptions, two breakfasts, two lunches and dinner. The conference is held with support from the Federal Circuit Bar Association and the Center for American and International Law, both of whom we are damn happy to have on board.
It's going to be an extraordinary few days in Plano. At least until next year.
Email Clyde Siebman at email@example.com for more information.
Friday morning of the bench/bar started off with a panel on Story Telling & the Art of Persuasion, moderated by Karen Smolar, with panelists Doug Cawley and Fay Morriseau. That was followed by the always popular panel of former jurors Persuasion Seen From Inside the Box with Judge Judith Guthrie, Jason Cassel and Jennifer Doan.
After the morning break, the conference split into three tracks focusing on patent law, criminal law, and general civil litigation. I have summarized the tracks below:
General Civil Litigation
The joint session lunch was an entertaining set of remarks by Rusty Hardin, then it was back to the breakouts. Following the conclusion of the breakouts there was the traditional brief meeting of the Eastern District bench bar to sentence the new officer and director by acclamation, hear the financial report, and make damn sure Clyde Siebman will stay as next year's bench/bar committee chair.