#mcslaw — Public Fediverse posts

Watching Baylor Law LLM lectures on privilege issues and litigation management while waiting for my plane. Professor looks familiar somehow. #BaylorLawLLM #MCSlaw

More Uses Of Planned Parenthood In Waco - TexIPLawBlog.com

Judge Albright granted the motion to transfer in this case, referencing the Fifth Circuit’s recent opinion in In re Planned Parenthood for two of the relevant standards. #WDTX #TexIPLawBlog #MCSLaw

Back in the dean’s conference room at Baylor Law for the LL.M with my besties. And the questionable bear statue. Wearing my Baylor colors since we’re recording our podcast with Berkeley at noon. #MCSLaw

Motion To Sever And Stay Customer Suits - TexIPLawBlog.com

Judge Albright granted the defendants’ motion to sever and stay the proceedings against them, finding that the customer-suit exception applied – but so did the traditional stay factors. #WDTX #TexIPLawBlog #MCSLaw

Another Sua Sponte Transfer From Austin - TexIPLawBlog.com

Judge Pitman held, sua sponte, that venue in this trademark case against 46 defendants was not proper in the Western District of Texas, and that the case should be transferred to the Southern District of Texas. The court noted that his docket is busier, the plaintiff is from Houston, the defendants are all foreign, and speculated that there may not be specific jurisdiction as to them anyway. #WDTX #TexIPLawBlog #MCSLaw

Complaints About Attorneys Fees Award Rejected - EDTexweblog.com

The plaintiff asserted several objections to Magistrate Judge Baxter’s award of fees, none of which Judge Schroeder agreed with.  Specifically:
yes it can be a report and recommendation,
yes, you waived your objections to the court’s claim construction rulings,
yes, you should have known your infringement theories were unsupported when the summary judgment report came out in the companion case, and
yes, the case is “exceptional” - you continued to pursue theories that you knew or should have known were baseless, filed meritless motions, and argued positions that had already been rejected.
#EDTX #EDTexweblog #MCSLaw

With the changes that have occurred recently, I wanted to summarize my legal weblogs' current activity on social media.
I routinely cross-post headers or excerpts of the public portions of weblog content on several sites under the following names. (I stopped crossposting in Twitter in the fall of 2022).

LinkedIn: linkedin.com/in/michael-c-smith-98598a8

Mastodon: @mcsmith

Post News: @mcjsmith

Facebook: https://www.facebook.com/michaelcsmith/about

Twitter: @mcj_smith

After I stopped posting in Twitter I started posting slightly longer headers and post excerpts in LinkedIn, and sometimes in Post and Mastodon, since both are developing vibrant legal communities. I rarely crosspost weblog information on Facebook, since the page is a personal one. Full posts, including opinions and orders and full analysis are only available on the EDTexweblog / TexIPLawBlog website.

In the interest of completeness, I also have a personal weblog at Puttering In The Study and am slowly building my World War II (New) blog with posts on new information and insights on the most significant conflict in human history.

I also have a page on the Scalemates site at Mcsmith that contains my project pages and build albums for my scale modeling hobby. When I finish a project, I create a blog post on my page on the iModeler website at @mcsmith1964 which has a complete article on the build with selected photos - and a link to the full build album. #EDTexweblog #TexIPLawBlog #MCSLaw

Plaintiff’s Motion for Reconsideration Of Order Granting Motion To Dismiss For Improper Venue Denied - EDTexweblog.com

Plaintiff asked Judge Gilstrap to reconsider his order granting BMW’s motion to dismiss its complaint for improper venue following Federal Circuit’s opinion in In re: Volkswagen Grp. of Am., Inc., 28 F.4th 1203 (Fed. Cir. 2022), arguing that rather than dismiss the action against both defendants, the court should’ve dismissed only the domestic entity. #EDTX #patentvenue #MCSLaw

Joint Motion for Entry of Protective Order Denied - TexIPLawBlog.com
Judge Pittman denied the parties' joint motion for entry of a protective order, finding that it failed to identify any reason for its entry.  But the order pointed out that the parties were not left without recourse to protect their confidential information, and identified several options. #NDTX #TexIPLawBlog #MCSLaw

Had a great time on our panel discussing jurisdiction and venue in patent cases at the 23rd Annual Berkeley-Stanford Advanced Patent Law Institute at Stanford in Palo Alto, CA. Hope everyone appreciated my cards with a QR code to our paper. #MCSLaw #APLI2022 #patentlaw

Up to full speed this morning at Stanford on Day 1 listening to Mark Lemley update us all on developments in patent law. We’ve already covered proposed patent legislation and SEPS and new standards. PTO leadership discussion is next, and our panel (with Aaron Nathan subbing for an ill partner) is second to last this afternoon. Tomorrow we break into litigation and prosecution tracks. Great, great seminar. #MCSLaw

@RMFifthcircuit The judge I clerked for was the son of a judge, and he told him that if you just read the advance sheets for a year, you'll know most of the law you need to know. Of course he was talking about Texas state court practice in the 1950's, but I took it to heart and read Fifth Circuit slip opinions my whole clerkship. By the end I had a pretty good feel for the type of cases and issues that our court might encounter.
Currently, I would recommend lawyers in federal court read JMOL rulings by their trial judges. There's no way outside the courtroom to learn what issues come up as well as by seeing what people raise after a verdict, and how the court addresses them. It's the "all 22" camera for trial practice. #MCSLaw

Posted on four recent decisions this morning, including on a couple of orders denying and granting motions for attorneys fees in a patent case under 28 USC 285. www.EDTexweblog.com #EDTexweblog #MCSLaw #EDTX #patentlaw

I'm late posting an introduction, so here goes.
I am a lawyer in my hometown of #MarshallTexas - married w/3 boys #autism . My wife and I enjoy traveling, and especially #Cruising .

Education - BA at #TAMUC (was ETSU) & law school at #BaylorLaw. Have a masters degrees in public affairs from the #LBJSchool at #UTAustin, and in World War II Studies from Arizona State University #ASU and the National World War II Museum #WWIIMuseum #WWIIStudiesMA . Currently working on an executive LL.M. in litigation management at Baylor Law School #BaylorLawLLM .

I practice mainly in U.S. federal courts litigating and trying to juries intellectual property cases, and blog at EDTexweblog.com #EDTexweblog #MCSLaw . Devoted follower of #AppellateTwitter . #LawTwitter #patentlitigation #EDTX #WDTX .

I enjoy #reading , including #WorldWarII #UrbanFantasy #ScienceFiction #LOTR #StarTrek #Hornblower #Archaeology as well as #ArchaeologicalPorn (which in this context refers to Dan Brown/Steve Berry type books - not the paintings in Pompeiian brothels). Also enjoy #LandscapeArchitecture and our beloved #DallasCowboys but my principal hobby is #ScaleModeling with an emphasis on #ShipModeling usually WW II or #NavalHistory subjects. Have written two books on aircraft carriers and have a particular interest in #EssexClassCarriers .

I post on all of this on my personal weblog Puttering in the Study at www.mcsmith.blogs.com #PutteringInTheStudy .