The IP Law Blog

NOVEMBER 17, 2022

In most instances, the courts have indicated that an employee’s home office is insufficient to establish venue absent the company ratifying that home office as a “regular and established place of business.” The district court disagreed with Monolithic and denied its motion. may have reopened that question. Bel Power Solutions Inc. (“Bel

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. 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.

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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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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. In 2009, the Supreme Court ruled in District Attorney’s Office v. Reed has consistently maintained that he is innocent.

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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. The trial court sided with Samson’s position, in effect holding that the 1927 deed was limited to 147 acres. Ellison , No. Its county seat is Mertzon.

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. The trial court rejected that argument, and the California Court of Appeals agreed.

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SCOTUSBlog

APRIL 25, 2022

Share The Supreme Court on Monday added two new cases to the merits docket for the 2022-23 term. 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. Reed came to the Supreme Court last fall, asking the justices to review that ruling.

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Patently O

FEBRUARY 21, 2022

Ikorongo Texas LLC, et al. Supreme Court 2022). 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.

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Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Still, there are a number of important patent cases pending before the court. Still, there are a number of important patent cases pending before the court. by Dennis Crouch. Lets talk them through. Qualcomm Incorporated , No. 35 U.S.C. §

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LawSites

FEBRUARY 26, 2024

This observation applies manifestly to our court systems: an inefficient and complicated civil justice system has become its own greatest enemy, frustrating its very purpose of providing access to civil justice for all. If courts move to standardize the collection of “data” (i.e.,

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Patently O

JULY 1, 2021

court to a more convenient forum (N.D.Cal.). The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics. Ikorongo Texas is owned by five-individuals led by patent agents Hugh Svendsen & Sarah Svendsen. Ikorongo Texas then sued Samsung and LGE.

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SCOTUSBlog

DECEMBER 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar.

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Patently O

OCTOBER 6, 2021

The issue comes up in cases where venue is proper and the court has personal jurisdiction over the defendant, but for whatever reason the particular venue chosen by the plaintiff is inconvenient. The shortcut then is to petition for mandamus as soon as the district court grants or denies a motion to transfer. ” 28 U.S.C.

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SCOTUSBlog

JUNE 23, 2022

Share On Thursday, a divided Supreme Court held that prisoners making Eighth Amendment challenges to a state’s execution method can proceed under 42 U.S.C. 1983 ; they are not forced into federal habeas litigation that is procedurally doomed. The court also noted that, if Georgia had prevailed, that result would imply that Ramirez v.

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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 Paralegal Paralegals Bar Exam 130

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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SCOTUSBlog

MARCH 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court on Monday granted review in four consolidated cases that involve the constitutionality of the Indian Child Welfare Act of 1978. A short explanation of relists is available here.

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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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SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. The case is Reed v.

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SCOTUSBlog

MARCH 30, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

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SCOTUSBlog

APRIL 12, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Dennis noted that the Supreme Court had only recently in Taylor v. Cope now seeks Supreme Court review, supported by three amicus briefs. A short explanation of relists is available here.

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Patently O

DECEMBER 10, 2020

Albright, J) to Apple’s other home-court of N.D. In the Federal Circuit’s opinion, the district court had clearly abused its discretion in finding that N.D. I remember talking with soon-to-be Chief Judge Rader back in 2009 about the court’s most important opinions of the term. 09-M888 (Fed. Kraft Foods Grp.

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SCOTUSBlog

FEBRUARY 23, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court has granted review in eight cases, six of them relisted, on four different order lists. Of course, the court also denied cert for a couple relists. Court of Appeals for the 7th Circuit, held below).

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SCOTUSBlog

MAY 11, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.

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SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. 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.

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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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Patently O

AUGUST 31, 2023

Still, the company regularly argues that it would be too unfair and inconvenient to litigate patent cases in states such as Texas. Like Google, the defendants are typically corporations with national reach who can – and do – litigate anywhere. In a recent decision, Judge Alan Albright (W.D.Tex.) 1404(a).

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SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S. New Jersey.

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SCOTUSBlog

NOVEMBER 4, 2021

Texas and Whole Woman’s Health v. The basic problem is that the FAA creates some important substantive rules about arbitration, but it doesn’t speak very clearly about the extent to which federal courts are available to enforce those rules. But in Badgerow v. diversity cases).

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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. Bruen does mark a new low for the court.

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SCOTUSBlog

OCTOBER 30, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether federal prosecutors or defendants have the burden of proving their status as a Native American or not for purposes of criminal jurisdiction, and three conditional cross-petitions over Texas’ abortion ban. In Haggerty v.

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Patently O

AUGUST 2, 2021

Sito Mobile (SITO) sued Hulu in the Western District of Texas (Waco), alleging infringement of seven of its patents. Section 1404(a) seems straight forward as providing a district court discretionary authority to transfer a case. The district court found three factors weighed against transfer. (1) by Dennis Crouch. Patent Nos.

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The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. The Furman Framework. The ruling was narrow in scope.

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SCOTUSBlog

JUNE 14, 2022

Share With two dozen cases from its 2021-22 term still undecided, the Supreme Court on Tuesday released the first argument calendar for its 2022-23 term. Court of Appeals for the 9th Circuit used the correct test to determine whether wetlands are “waters of the United States” for purposes of the Clean Water Act. Goertz (Oct.

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SCOTUSBlog

SEPTEMBER 3, 2021

Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Diane Drain

MAY 15, 2021

(i) It is possible that thousands of bankruptcy cases will need to be reopened, at a substantial cost to the homeowner, to obtain a court order avoiding a lien that didn’t exist at the time of the original bankruptcy. Some language was included as an amendment, but only time will tell if that language holds up to litigation of the issue.

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SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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