Despite efforts by a handful of federal appellate judges to limit jurisdiction and criticism from tech companies, the Western and Eastern districts of Texas remain two of the hottest courts in the U.S. for patent litigation. New data shows that federal courts in Waco and Marshall have more patent infringement disputes than 40 other states combined. Lawyers for plaintiffs and defendants tell The Texas Lawbook there are explanations behind the numbers.
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CDT Roundup: 18 Deals; 11 Firms; 239 Lawyers; $12B
Something paradoxical happened to Texas energy deals in 2020 and 2021: They increased their share of the overall M&A market. This comes after a pandemic and a couple of notable energy disasters. But numbers aren’t always exactly what they seem. The CDT Roundup explores the anomaly along with the weekly roll call of Texas transactions.
Overhead Door of Lewisville Did Not Violate Competitor’s Patents, Jury Finds
At the end of a weeklong trial in Marshall, a federal court jury determined that the Chamberlain Group failed to prove its garage-door patents had been infringed upon.
SEC Charges Crosby ISD, CFO, Auditor with Misleading Muni-Bond Investors
For the first time in Texas history, the SEC charged a Houston area public school district and two of its senior officials with fraudulently misleading investors in the school system’s $20 million bond issuance in 2018.
2021 Capital Markets in Texas: An Extraordinary Year ‘Across the Board’
Capital markets deals in Texas were up — way up. The value of those deals were down — way down. But that’s not necessarily a bad thing, say our lawyer/dealmakers. Reduced capital budgets, acquisitions made with a clearer sense of purpose and a broader base of issuers created a market in which IPOs made their comeback — and SPACs made their presence felt.
BMC ‘Crystal Clear’ IBM Could Not Replace BMC Software
BMC’s second witness took the witness stand for most of Tuesday. Brian Jones, a key negotiator for BMC during its contract discussions with IBM, said his side was always “crystal clear” about its position of removing a coveted client from the parties’ displacement provision: it wasn’t happening.
NRA, Advertising Agency Settle Suit that Threatened More than NRA Wanted Known
The lawsuit has been settled that had the National Rifle Association in its sights and led to an investigation of the gun-advocacy group. The suit filed in Texas, now settled, was bitter. At one point, lawyers for ad agency Ackerman McQueen — Michael Gruber and Brian Mason of Dorsey & Whitney — sought state sanctions against Bill Brewer, the NRA attorney, which ultimately the Texas Supreme Court dismissed.
Spring Cleaning for Lawyers: Meeting Ethical Obligations and Minimizing Litigation Risk in Today’s Remote Environment
Remote work, though offering greater flexibility, comes jam-packed with risk. This article offers tips for ethical communications and gives special attention to the ubiquitous workplace platform Slack.
In Beginning of Trial BMC Lambastes IBM’s Conduct As ‘Not Acceptable’
BMC’s attorney tells the court: BMC “always relied on the plain meaning” of its contracts with IBM and the language “speaks for itself.” But IBM’s lead lawyer countered that BMC breached the non-displacement contract when it did not inform IBM that AT&T had purchased special rights in its own contract with BMC that allowed IBM, as its outsourcer, to displace BMC software in AT&T’s systems without paying extra. “At best, BMC could (and did) try to leverage payments from IBM.”
Trial Begins Between BMC & IBM
IT giants BMC and IBM map their cases for U.S. District Judge Gray Miller today in a bench trial alleging fraud and trade-secrets misappropriation. Although BMC begins trial with a breach-of-contract finding already in the bag, Judge Miller made clear in a February order that BMC still has much to prove before it’s considered a win. Opening statements wrapped up just before lunch Monday afternoon and when the parties returned, BMC called its first witness, BMC VP Raul Ah Chu.