The Federal Circuit has held that “virtual” business operations are insufficient to establish patent venue. And it rejected the widely discussed four-factor approach to patent venue adopted by the Eastern District of Texas, which until recently was the nation’s busiest
Reverse & Render
Insight & Commentary on Texas Appellate Law
Reverse & Render is a blog published by Cowles & Thompson P.C. that focuses on detailed analysis and commentary related to Texas appellate and Supreme Court decisions. The blog covers topics such as court statistics, opinion trends, procedural rules, and significant rulings affecting commercial litigation, arbitration, and appellate practice in Texas. It provides insights into court operations, case outcomes, and legal standards, particularly emphasizing the Texas Supreme Court's activities and intermediate appellate courts. The blog also discusses practical issues like citation preferences in appellate courts and evolving jurisprudence on arbitration agreements.
Latest from Reverse & Render - Page 5
How soon must an attorney notify his client of a court filing?
The answer to this question may depend upon the circumstances. As reflected in one recent Dallas Court of Appeals opinion, minutes mattered in order for the lawyer to ensure compliance with her obligation not to engage in conduct that might…
Supreme Court Limits Class-Action Tolling
The Supreme Court has held that class action tolling under American Pipe does not toll the time within which a suit must be filed under a statute of repose.
In American Pipe the Court held that “the commencement of a…
Patent Exhaustion: A Win for Printer-Ink Refillers and Another Rebuke to the Federal Circuit
Just a week after reversing the Federal Circuit’s longstanding interpretation of patent venue in TC Heartland LLC v. Kraft Foods Group, No. 16-341 (May 22, 2017), the Supreme Court again reversed the Federal Circuit, this time with respect to…
Supreme Court Limits Forum Shopping in Patent Cases
In a closely-watched case, the Supreme Court greatly narrowed venue for patent cases. The ruling will limit forum shopping and greatly reduce the number of cases filed in the Eastern District of Texas, which is perceived as the most favorable…
Whose Right is it Anyway? Unconstitutional Speaker Discrimination in Texas’ Anti-SLAPP Scheme
Freedom of speech and thought lie at the core of liberty. Though many philosophers, statesmen, and legal practitioners have opined on the value of free speech and thought, Justice Louis Brandies best captured the value of free speech and thought…
Tortious Interference with Inheritance Rights
The question of whether Texas recognizes a cause of action for tortious interference with inheritance rights will go before the Texas Supreme Court in February. The Court granted the petition in a case from the Amarillo Court of Appeals on…
Using Texas’ Anti-SLAPP Statute to Combat SSAPP (Strategic Sanctions Against Public Participation)
Texas, like many other states, enacted legislation to curb meritless lawsuits whose purpose lies solely in chilling a person’s right to free speech and/or to petition his or her government. Under Texas’ Anti-SLAPP (Strategic Litigation Against Public Participation) law, a…
Fort Worth Court of Appeals Considers Parental Rights of Sperm Donor
In our post-Obergefell world, it is expected that the courts will be grappling with a variety of same-sex family law issues. One group of such issues relates to artificial reproductive technology (“ART”), medical technology used to achieve pregnancy using techniques…
The Interplay Between Federal Rule 56 and Daubert
The Fifth Circuit Court of Appeals’ opinion in Operaciones Tecnicas Marinas, SAS v. Diversified Marine Services, LLC illustrates the interplay between the requirements of Federal Rule of Civil Procedure 56—the summary judgment rule—and the requirements of Daubert case law that…