By Bob Latham and Carl Butzer
It seems impossible these days for any commentary on patent law to refrain from making some mention of Bilski v. Kappos, which was argued before the United States Supreme Court on November 9, 2009 – a case that could provide some definitive guidance on what is and what is not patentable subject matter. But who would have thought that such a case would provide so many instances of laughter being officially recognized in the transcript of the oral argument?
By John Jackson and Nicole Metcalf
To try to eliminate some of the guesswork surrounding whether declaratory judgment jurisdiction may exist in a particular matter, we reviewed a number of post-MedImmune decisions from the Federal Circuit and Texas district courts. We then divided the cases into two categories – those situations in which a declaratory judgment action survived a motion to dismiss and those which did not. We then identified the critical facts upon which each of these decisions rested and highlighted them in this article.
Eastern District of Texas Local Rule Change
By Matt Acosta
On February 18, 2010, Chief Judge Folsom adopted amendments to the Local Rules of the Eastern District of Texas. The amendments include changes to filing procedures, response deadlines, and page limits. Understanding these amendments is essential to any Federal litigation practice in East Texas. What follows outlines the significant amendments to the general and patent rules and their practical impact on litigation practice in East Texas.