Archive for the ‘Pleading Requirements’ Category

Judge Fitzwater Finds Patent Complaint Sufficient, Denies Motion to Dismiss

April 2, 2011 by · Leave a Comment
Filed under: Infringement, Motion to Dismiss, Pleading Requirements, Sidney A. Fitzwater 

In B-50.com, LLC v. Infosync Services, LLC, 2011 U.S. Dist. Lexis 29102 (N.D. Tex. Mar. 22, 2011), Plaintiff B-50.com filed an amended complaint alleging inducement of patent infringement and contributory patent infringement by Defendant Infosync Services.  Judge Fitzwater recently denied Defendant’s Motion to Dismiss.  Specifically, because the amended complaint sets forth factual recitations as opposed [...]

3-Day “Mailbox Rule” in the N.D. Texas

March 12, 2011 by · Leave a Comment
Filed under: Federal Rules of Civil Procedure, Local Rules of Northern District of Texas, Pleading Requirements, Practice Tips 

Determining whether the 3-day extension of Federal Rule of Civil Procedure 6(d) (sometimes referred to as the “Mailbox Rule”) applies in the Northern District of Texas can be somewhat confusing. The short answer is as follows: (a) For opposed motions filed through the ECF system, the 3-day extension does not apply; and (b) For pleadings [...]

N.D. Texas Amends Local Civil Rules – Notice of Related Cases

August 23, 2010 by · Leave a Comment
Filed under: Local Rules of Northern District of Texas, Pleading Requirements, Rules of Procedure, Sidney A. Fitzwater 

Effective September 1, 2010, new Local Rule 3.3 and amended Local Rule 81.1 will take effect in the Northern District of Texas.  Both of these Local Rules address a plaintiff’s obligation to provide notice of “related cases” when filing a new complaint in the Northern District of Texas.  This amendment is made pursuant to Special [...]