The Sunset

Last Week in Texas with Michael Smith | Episode 1


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Texas is home to over 40% of all patent litigation. And with that many on-going cases, important changes happen weekly. To keep you updated, Michael Smith, author of the award winning edtexweblog.com, shares both his research and his local perspective about what's happening around the entire state.
This week, Michael walks us through bad meet-and-confer tactics, the impact that termination of the patent pilot program is having on the Northern District, and trial tactics during COVID.
 
SPEAKERS
Wayne Stacy, Michael Smith
 
Wayne Stacy  00:00
Hello, everyone, and welcome to the Berkeley Center for Law and Technology's expert series podcast. I'm Wayne Stacy, the Executive Director for BCLT. And with me today is Michael Smith, one of the nation's leading experts on federal court practice in Texas. He's well known for his blog, EDTexwebblog.com. But Michael knows all of Texas, not just the Eastern District. He's appeared in approximately 1000 civil cases in Texas, been instrumental in drafting local rules, and has been the editor of O'Connor's Federal Rules of Civil Trials, think since 1998. Michael, thank you for joining us today.
 
Michael Smith  00:44
Well, thank you for having me, Wayne, I'm really glad to be here.
 
Wayne Stacy  00:48
Well, Michael, I want to just walk through Texas as a whole. I know like you said, you're you're more than the Eastern District of Texas, and people need to know that. So why don't you catch us up on what happened in Texas last week?
 
Michael Smith  01:02
Well, probably the biggest thing that's going on in the IP litigation front in the last few days is we're all getting ready to head to Fort Worth tomorrow evening for the planning for the annual Eastern District Bench Bar. We're having a planning meeting tomorrow, not actually Friday morning. But having a dinner tomorrow night. And here's the amazing thing. We're expecting 112 people live at the dinner and 120 people at the planning meeting. So, we think people are really looking forward to getting out of their offices and coming down and having some good food and getting to socialize after a long time away in the pandemic.
 
Wayne Stacy  01:45
Well, anything happening in the local courthouses last week?
 
Michael Smith  01:48
Yeah, there was actually a very interesting order we actually got earlier this week. Magistrate Judge Roy Payne and Marshall denied an emergency motion that was alleging discovery violations in a patent case for failure to comply with the district's meet and confer requirement.
 
Wayne Stacy  02:08
That doesn't seem to happen often, does it?
 
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The SunsetBy Kelly Torres