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Trial prep and discovery fights continue in Waco, and there still is a lot to learn. For example, the court doesn't take kindly to a company claiming that it cannot identify its own suppliers. Another great lesson—the court will enhance damages for willful infringement but only over portions of the infringement period. And yet another great lesson—the Waco court continues to transfer big-name defendants when they make their case.
What of the Austin division? Austin judges may be receptive to stays, but they are showing a strong resemblance to other Texas judges when it comes to deferring to the jury. In this highly-instructive case, an Austin judge refuses to strike expert damages testimony, letting the jury make the ultimate decision.
Finally, the lesson of the week comes from the Eastern District: don't be unreasonable. In denying a motion to compel, the court twice scolded the plaintiff for refusing to narrow, "even modestly," its discovery requests. This is a great case for understanding the limits on interrogatory breadth.
Speaker: Michael Smith, Scheef & Stone
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. Explore our full series of Last Week in Texas with Michael Smith webinars on B-CLE.