On May 1, 2013, Judge Lynn and Judge O’Connor participated in a roundtable discussion in Dallas: “Patent Law: Best Practices As Seen From The Bench.” The Texas Lawyer subsequently wrote an article on the roundtable (article available here). Here’s what we think the most notable aspects of the roundtable were:
Filings Up, But Not As Much As Expected: Judge Lynn stated that patent filings were up in the Northern District of Texas, but not as much as she expected. Judge Lynn noted that the Northern District of Texas’ patent rules are comparable to the Eastern District of Texas’ patent rules.
If You Want Judge O’Connor To Handle Your Patent Case, File It In the Wichita Falls Division: Judge O’Connor noted that, although he is not on the patent pilot project (which consists of three judges (Judges Lynn, Godbey, and Kinkeade) who hear all patent cases filed in the Dallas Division)), he handles the Wichita Falls Division. So, if a patent case is filed in Witchita Falls, he’ll handle it. He can also get the case to trial quickly in Wichita Falls.
Judge Lynn Decides Venue Matters Quickly: Judge Lynn indicated that she tries to decide venue disputes quickly.
PowerPoints: Judge Lynn stated that in a bench proceeding, “unless something is moving” (i.e., the slides are animated), she’d rather have the slides printed for her so that she can take notes on them. She does think PowerPoints are useful for juries. Try not to put too many words on the slide, as the jurors feel cheated when something is shown and then it taken away before they can review it. The same is true when blowing up a specific portion of a document. Many jurors have spoken to Judge Lynn after trial and have indicated that they feel as if something had been kept from them. Attorneys can explain that, for example, the item being shown on the screen is the only thing that relates to the particular issue in dispute.
Depositions At Trial: Judge Lynn said that jurors are “bored to tears” with depositions, regardless of whether the depositions are played on videotape. She also believes that depositions are overused. Quick deposition designations are much more effective. Don’t overdesignate testimony.
Tutorials: Judge Lynn finds technical tutorial in connection with the Markman hearing to be very helpful; she usually does live tutorials, but also likes them to be put on a disc so that she can watch it whenever she wants.
Local Counsel: Judge O’Connor thinks that it’s important to have local counsel who has familiarity the Northern District of Texas, the Dondi opinion, etc. Judge Lynn also thinks it’s useful to hire local counsel who is familiar with the Northern District of Texas’ procedures.