Motion to Dismiss Recommended Granted, But … Well, It’s Complicated

msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Motions to Dismiss, TEXIPLAWBLOG

Defendant sought a dismissal of the plaintiff’s complaints against it asserting improper joinder under 35 U.S.C. § 299 and insufficient pleading of direct infringement. Judge Payne recommended granting the portion dealing with improper joinder, and denial of the motions to dismiss, one as moot, and recommended that the plaintiff’s claims against the moving defendant be severed into a separate case. This content is restricted to subscribers

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Motion to Dismiss for Improper Venue Denied

msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG, Venue

Judge Payne denied the motion, finding that venue was proper based on the work-related activities conducted at the residence of the defendant’s Senior Regional Technical Specialist. “Mr. Clutts works remotely from his house, covers a ten-state sales region for Nice, and provides technical support and training to Authorized dealers. Plaintiff’s response emphasizes the “training rack” installed in Mr. Clutts’s home, which he uses to “reproduce and troubleshoot” customer problems, and to conduct trainings.” (Cleaned up). As a result of the court’s findings regarding this employee’s work-related activities, the court did not reach the plaintiff’s argument that the authorized dealers were agents of the defendant with places of business within the district. This content is restricted to subscribers

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Motions to Set Aside Patent Verdict Denied

msmithEDTEXWEBLOG, EDTX IP, JMOL rulings, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

At trial in April of 2025, Plaintiff General Access Solutions, Ltd. (“GAS”) asserted infringement of two patents. The Marshall jury found that none of the asserted claims were infringed, but that none were shown to be invalid by clear and convincing evidence. Judge Gilstrap denied the plaintiff’s motion for new trial regarding infringement, as well as the defendants T-Mobile and Ericsson’s motion for judgment as a matter of law that the asserted claims were invalid. This content is restricted to subscribers

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New EDTexweblog Subscription Payment Options

msmithCommentary, EDTEXWEBLOG

Since some users are having difficulty getting PayPal to process subscriptions (new and some renewals) on credit cards, we have added a couple of payment options. If that describes your anxious search for the origin and meaning of the newly minted legal term rescue toccata this afternoon, e-mail me and we can get you an Venmo account or invoice for paper payment pending getting PayPal straight. As always, the daily emails with an index of the day’s posts are free to sign up for, and subscriptions for all content are free for government attorneys (as well as TSA employees).

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No Rescue Toccata, But Case Dismissed And Sanctions & Prefiling Injunction Granted (And No, This Isn’t Who You Think This Is)

msmithEDTEXWEBLOG, EDTX IP, Judge Aileen Goldman Durrett, Judge Amos L. Mazzant III, Motions to Dismiss, Sanctions, Sherman, TEXIPLAWBLOG

No, this is not Judge Albright’s recent sanctions order against Ramey which requires prior approval from the court for him to file future cases.  It’s a Sherman case assigned to Judges Durrett and Mazzant, and resulted is a dismissal, but a similar pre-filing injunction, applying the standards for such injunctions from the Fifth Circuit against future filings. (The rescue toccata finding is addressed below – will it be as dramatic as the image?)

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