Earlier this year, in "Who're You Calling Plaintiff Friendly?" in Texas Lawyer Jeff Saltman and I analyzed the verdicts in patent cases in 2013 in the Eastern District of Texas. Well, 2014 isn't done with just yet, but I was checking my list and reading it twice in preparation for the holidays, and wanted to pass along what I have found so far for the two years combined.
Taking the two years together, we were tied at ten plaintiff verdicts and ten defense verdicts, with each side also having one win in the two invalidity-only trials, until last week. Uniloc broke the tie in plaintiff's favor, assuming no more verdicts before year's end.
The activities (well, aside from golf) continue with CLE at the hotel in Plano at 2pm with panels on not lying to judges (more or less), the past, present and future of the ED Tex, a high Octane panel on patent issues and the Fifth Circuit's new hyperlink program.
Tomorrow evening continues with a reception, opening remarks by Chief Judge Davis, and dinner, which features Dallas law school deans from UNT and SMU, presentation of the Hannah award, and remarks on professionalism by Baylor President Kenneth Starr. After that we have a keynote presentation by Fifth Circuit Chief Judge Carl Stewart, also on professionalism (but less likely to involve discussion of Baylor football), followed by dessert and dancing with ED Tex veteran (in both the courthouse and the dance floor, as we now know) Emerald City (President & Mrs. Bush are not expected to accompany the band).
Thursday morning has panels on patent litigation statistics, practice in the ED Tex, yet more practice on the ED Tex, how to screw up (or not) at trial, and the Mark Cuban trial. That brings us to lunch.
Thursday afternoon is a presentation on legal writing in the cell phone age, and a panel on legal writing in a paperless world. Following a break, we get into how to invalidate patents, and a panel with Federal Circuit Judge Kimberly Moore and some of her former law clerks on practice in the Federal Circuit.
Thursday afternoon is also the panel I have been working on Circuit Judges and District Judges: What Can They Learn From One Another? What Can Lawyers Learn From Listening? with Chief Circuit Judge Sharon Prost and Judge Timothy Dyk from the Federal Circuit, Chief Judge Leonard Davis and Judge Rodney Gilstrap from the ED Tex, Judge Barbara Lynn from the ND Tex (not the legendary blues guitarist, singer, and songwriter from Beaumont, just in case you were wondering), and Judge Sue Robinson from the District of Delaware, with Jennifer Ainsworth, Glenn Thames and I as interactive facilitators. Not often you get six judges like this on the same panel, so I look forward to that one.
Thursday evening has another reception, dinner on your own, and then Reflections of ED Texas/ND Texas 2014 Patent Mock Trial Presented at China University, Beijing with Comparative Ethics. And After Dinner Drinks by the ND and ED Texas lawyers and judges who participated in the Presidential Suite. Discussions are set to conclude at 10:30. Drinking is expected to continue after then.
Friday morning, if we can stagger out of our respective hotel rooms after two nights of conversing about the latest trends in federal court litigation till all hours, we will be greeted with a panel on Hatch-Waxman Behind the Pine Curtain (which had damn well better be accompanied by some choice pharmaceuticals if they want anyone awake), in-house counsel wish lists, patent case management, and patent litigation management (again). Again, the first is an academic presentation, then the second has four judges who might know something about managing a patent docket: Judges Davis and Gilstrap from the Eastern District and Judges Leonard Stark and Sue Robinson from Delaware.
After a buffet lunch, attendees with be treated to a panel on current proceedings at the Board of Patent Appeals and Interferences, Jurors Gone Wild (that's the next panel which is about juries, not the name of the BPAI panel), and then a panel of actual ED Tex patent case jurors. Whether they will, too, go wild is anyone's guess.
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.
I have neglected to note that this year the Eastern District of Texas Bar Association (have I mentioned its fancy new website?) is partnering with not just the Federal Circuit Bar Association, but also the Center for American and International Law, from Plano, Texas, in putting on the bench/bar. We've had highly successful conferences in the past with the FCBA, and are looking forwarding to working with the CAIL as well. They have been involved in recent years, as attendees know.
Speaking of the Federal Circuit, the agenda includes four members of that court this year - Chief Judge Sharon Prost and Judges Timothy Dyk, Kathleen O'Malley and Kimberly Moore.
A current (as of September 18) brochure is attached - Download 9-18-14 Bench Bar 2014 Brochure. You also may register online at https://www.cailaw.org/eventRegistration.html?e=1215 Again, for other information, contact Conference Chairman Clyde Siebman at email@example.com or Executive Director Elizabeth Black Berry at Elizabeth.Berry@sbcglobal.net.
The opening event of this year's bench/bar will be a ceremony recognizing the late U.S. District Judge Paul Brown as the United States Courthouse in Sherman, Texas, is named in his honor. The event will be held Wednesday, October 22, 2014 at 10:00 AM at the courthouse, which is located at 101 East Pecan St. in Sherman.
Assistant U.S. Attorneys Traci L. Kenner and Matt Quinn of the U.S. Attorney's Office in the Eastern District of Texas were two of 243 members of the Department of Justice recognized by Attorney
General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 30th annual Director's Awards Ceremony on Sep. 10, in Washington D.C.
In his prepared remarks to awardees, Attorney General Holder said, “Locally, nationally, and internationally, you represent the very best that this Department has to offer. Your work embodies our ongoing commitment – not merely to win cases, but to do justice; to protect our fellow citizens from crime, violence, and terrorism; to empower the most vulnerable among us; and to uphold the rule of law.”
EOUSA Director Monty Wilkinson echoed those sentiments, saying to the recipients, “You have persevered, and remained focused and motivated – achieving remarkable results in work that makes a difference in the lives of citizens across our great country. The vast scope of your collective accomplishments is nothing short of exceptional.”
Traci Kenner, of the Tyler office, was recognized for her outstanding performance as an Appellate AUSA and the Eastern District of Texas's Appellate Chief. During her tenure, AUSA Kenner has made significant improvements to the district appellate program. In particular, AUSA Kenner's exemplary handling of the appeal of United States v. Ebron, a capital murder trial originating in a Bureau of Prisons facility in the Eastern District of Texas, preserved a conviction and death sentence in a case with unusual appellate issues that could have -- but for AUSA Kenner -- resulted in a reversal and retrial. Instead, the final outcome was an affirmance in the Court of Appeals and denial of certiorari by the United States Supreme Court.