Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.

Free
Message: question re: Judge Ward

May 01, 2007 12:44PM

May 01, 2007 03:15PM

May 01, 2007 03:42PM

THE testing of Marshall as a patent battleground began nearly two decades ago, when Texas Instruments, which has its headquarters in Dallas, embarked on an aggressive strategy to make rivals license its patents. If a company would not capitulate or at least negotiate, a Texas Instruments team of lawyers would drag it to court — increasingly, down the road to the uncluttered courtrooms of Marshall.

In September 1999, Mr. Ward, a malpractice and product-liability lawyer with a practice nearby, in Longview, was sworn in to the East Texas federal bench.

A no-nonsense judge who charms people with his folksy demeanor but who also has a reputation for a fiery temper in the courtroom, Judge Ward began hearing patent cases. As a private lawyer, he had argued a few such cases; as a judge, however, he quickly grew frustrated at the slow pace, paperwork, and delays and motions that were part of a patent docket.

That’s when he adopted what he calls “the Rules.” As any lawyer who has shown up in Judge Ward’s courtroom will testify, the Rules put patent lawsuits on a strict timetable, laying out when key documents must be handed over and setting firm trial dates.

No 100-page motions or lawyer soliloquies are tolerated in Judge Ward’s courtroom. He puts page limits on documents and uses a chess clock to time opening and closing arguments, brusquely interrupting lawyers when it is time for them to wind it up.

The changes turned Marshall’s federal court into a “rocket docket” — a place where the time between filing and trying a lawsuit became significantly shorter than in other districts.

“I really shot myself in the foot when I adopted the Rules,” Judge Ward said with a laugh, sitting in a leather chair in his quiet, wood-paneled chambers during a lunch recess in the Hyperion-OutlookSoft trial. The reason, he added, was that the district was soon deluged by patent suits filed by companies seeking a quick resolution to their conflicts. While judges in nearby cities also began to hear patent cases, most of them remain before Judge Ward.

The expedited process pleases clients, though it is sometimes hard on the lawyers who break the Rules.

“When he’s mad, first his face gets red,” said Michael C. Smith, a lawyer with the Roth Law Firm in Marshall. “Then his neck gets red and he starts tucking his chin down into his chest. If he tears off his glasses, I don’t care what side you’re on, you had better drop to the floor and get under that table fast.”

Judge Ward said that he did not often lose his temper. “If I tell a lawyer to stop leading the witness and he continues, well, we’re going to have a problem,” he said.

SPEED is not the only feature bringing patent holders to Marshall. So, too, is the fact that they usually win. Three-fourths of the cases that come to trial in Marshall are decided in favor of the plaintiffs, compared with less than half in New York.

The success rate for patent holders in Marshall is a great incentive for defendants to settle matters quickly and privately. Since 1991, the Federal District Court in Marshall has held less than half the number of full patent trials as courts in Los Angeles, New York, Chicago and San Francisco.

http://www.nytimes.com/2006/09/24/business/24ward.html?ei=5088&en=65001ada21beb03a&ex=1316750400&partner=rssnyt&emc=rss&pagewanted=all


May 01, 2007 04:24PM

May 03, 2007 03:40AM
Share
New Message
Please login to post a reply