The panel of ND Tex judges will include:

• Chief District Judge Sidney Fitzwater (facilitator)
• District Judge Sam Lindsay
• District Judge Jane Boyle
• Chief Bankruptcy Judge Barbara Houser
• Magistrate Judge Jeff Kaplan

In addition to the above, other judges and court officials will be in attendance.  The event, cosponsored by the Federal Bar Association and the Dallas Bar Association Judiciary Committee, is free except for the cost of lunch and parking.

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©2012 Snipe Hunting in the NDTX. All Rights Reserved.

Judge Fitzwater spoke on the impact of John Adams’ roles of political activist, philosopher, lawyer and president on the creation of the American government and the protection of American society. He discussed Adams’ unpopular defense of a British officer and soldiers allegedly responsible for civilian deaths in the notorious “Boston Massacre.” He focused on how Adams’ efforts demonstrate adherence to the rule of law and defense of the rights of the accused, even in cases where the clients and the matters may be unpopular and/or controversial.

Judge Fitzwater provided several examples of lawyers defending unpopular causes since Adams’ time, including:

• The 1846 “insanity” defense of William Freeman by William Seward, later Lincoln’s Secretary of State; Samuel Leibowitz’s defense of nine black Alabama teenagers, the Scottsboro Boys, accused of rape in the 1930s;
• The representation of Terry Nichols in the 1995 Oklahoma City bombing case; and
• Contemporary efforts by lawyers to represent Guantanamo detainees in the global war on terrorism.

Judge Fitzwater concluded by noting that the law has certainly evolved since Adams’ time, but the principles on which citizens derive and exercise their rights remain the same.

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Judge Fitzwater’s denial of the motion to dismiss found that the claims of direct and indirect infringement are supported by the following pertinent facts alleged in the amended complaint:

• Direct Infringement –
  • Defendant produces and sells using an infringing method (the Court noted the method was fully described in the complaint);
  • Defendant either uses or directs, controls, or instructs a third party who uses every element of the infringing method;
  • Defendant describes and advertises the accused method on its website; and
  • Defendant has actual knowledge of the patent at issue.

• Inducement of Infringement –
  • Defendant uses or sells methods claimed in the patent at issue in the accused application or directs or controls third parties who perform the claimed method; and
  • Defendant has actual knowledge of the patent at issue and continued to sell its infringing application willfully.

• Contributory Infringement –
  • Defendant sells a product, method, or system that is a component designed for use in the infringing manner; and
  • Defendant has sold software tools and instructions to aid in the use of the application.

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©2012 Snipe Hunting in the NDTX. All Rights Reserved.

New Local Rule 3.3(a) sets forth the basic notice requirements when filing a complaint (or removing a civil action from state court) that has a “related case.”  Local Rule 3.3(b) defines what constitutes a “related case.”  Local Rule 3.3(c) establishes that a failure to provide notice of a “related case” constitutes a certification by the plaintiff (or removing party) that no “related cases” exist.

Local Rule 81.1 sets forth the required form of documents to be filed upon removal of a civil action from state court.  Specifically, Local Rule 81.1(a)(3) has been amended by inserting a new requirement – “if there is a ‘related case,’ as defined by LR 3.3(b)(3) or (b)(4), a notice of related case that complies with LR 3.3(a)” must be filed with the clerk when removing a civil action from state court.

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©2012 Snipe Hunting in the NDTX. All Rights Reserved.