{"id":107,"date":"2009-07-12T15:02:42","date_gmt":"2009-07-12T21:02:42","guid":{"rendered":"http:\/\/www.717madisonplace.com\/?p=107"},"modified":"2009-07-28T17:08:57","modified_gmt":"2009-07-28T23:08:57","slug":"deep-in-the-heart-of-east-texas","status":"publish","type":"post","link":"https:\/\/www.717madisonplace.com\/?p=107","title":{"rendered":"&#8220;Deep in the heart of [EAST] Texas . . .&#8221;"},"content":{"rendered":"<p>The <strong><em>In re Volkswagen<\/em><\/strong> case is an important case recently decided <em>en banc <\/em>by the United States Court of Appeals for the\u00a0Fifth Circuit.\u00a0 Essentially, this case gives some guidance to the federal judges in the Eastern District of Texas (as well as the other districts of the Fifth Circuit) as to when it is proper to transfer\u00a0a case\u00a0to another district court.\u00a0\u00a0 The case concerned a lawsuit that was initially\u00a0before Judge Ward of the Eastern District of Texas.\u00a0 Judge Ward is well-known among patent litigators as one of the judges in the Eastern District of Texas who enjoys hearing patent cases.\u00a0\u00a0\u00a0 He is also\u00a0one of the reasons that the Eastern District of Texas\u00a0has seen so many patent cases filed there in recent years.\u00a0 And, he recently sat by designation at the United States\u00a0Court of Appeals for the Federal Circuit.\u00a0<\/p>\n<p>During oral argument,\u00a0the Chief Judge\u00a0of the Fifth Circuit did comment about\u00a0Judge Ward&#8217;s\u00a0consistency in assessing the impact of travel time to the &#8220;deep heart of East Texas.&#8221; [<a href=\"http:\/\/www.717madisonplace.com\/wp-content\/uploads\/2009\/07\/in-re-volkswagen-excerpt.mp3\">Listen<\/a>]<\/p>\n<p>The full oral argument can be heard here: [<a href=\"http:\/\/www.717madisonplace.com\/wp-content\/uploads\/2009\/07\/In re Volkswagen 5th Circuit.mp3\">Listen<\/a>]\u00a0 One interesting thing\u00a0to take note of\u00a0\u00a0when listening to this oral argument at the Fifth Circuit is that counsel is entitled to reserve time to make uninterrupted remarks.\u00a0 After that time period, the judges may ask their questions.\u00a0 This custom does not appear to be followed\u00a0by the Federal Circuit where judges can begin asking their\u00a0questions right out of the gate.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The In re Volkswagen case is an important case recently decided en banc by the United States Court of Appeals for the\u00a0Fifth Circuit.\u00a0 Essentially, this case gives some guidance to the federal judges in the Eastern District of Texas (as well as the other districts of the Fifth Circuit) as to when it is proper [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/107"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=107"}],"version-history":[{"count":32,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/107\/revisions"}],"predecessor-version":[{"id":139,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/107\/revisions\/139"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=107"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=107"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=107"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}