United States District Court for the Eastern District of Texas
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| United States District Court for the Eastern District of Texas (E.D. Tex.) |
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| Appeals to | Fifth Circuit |
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| Established | February 21, 1857 |
| Judges assigned | 8 |
| Chief judge | David Folsom |
| Official site | |
The United States District Court for the Eastern District of Texas (in case citations, E.D. Tex.) is the Federal district court with jurisdiction over the eastern part of Texas and is a part of the Fifth Circuit. The court's headquarters are in Tyler, Texas and has five subdivision offices in Beaumont, Lufkin, Marshall, Sherman, and Texarkana. The district covers 43 counties in Texas. The United States Attorney for the Eastern District of Texas represents the United States in civil and criminal litigation in the court.
Appeals from cases brought in the Eastern District of Texas are taken to the United States Court of Appeals for the Fifth Circuit, except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit.
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[edit] Patent litigation
Most recently, the Eastern District of Texas has seen an increase in the number of cases filed relating to patent infringement. This District has experienced an increase in the number of patent cases filed and tried, notably in the courts of Judge T. John Ward in the Marshall Division, Judge Leonard Davis in the Tyler Division, and Judge David Folsom in the Texarkana Division. Perhaps because the district has a set of local rules for patent cases and relatively fast trial settings, patent plaintiffs have flocked to this small venue. In addition the proximity to larger cities (such as Dallas and Houston) along with an aging jury pool interested in protecting property rights, may attract patent cases to Marshall, Tyler, and Texarkana.
Also of note is the fact that the court's local rules allow any attorney admitted to any state bar—not just that of Texas—to be admitted to practice before the Eastern District Court.[1]
In 2003, there were 14 patent cases filed. In 2004, this number more than quadrupled to 59 patent cases filed. In 2006, the number of cases grew to an estimated 236.[2]
The district has been criticized for a perceived bias towards plaintiffs in patent infringement lawsuits, including patent trolls and other holders of dubious patents.[3]
In 2009, Judge Leonard Davis, of the U.S. District Court for the Eastern District of Texas, ordered a permanent injunction that "prohibits Microsoft from selling or importing to the United States any Microsoft Word products that have the capability of opening .XML, .DOCX or DOCM files (XML files) containing custom XML," according to an announcement by the plaintiff, Toronto-based i4i Inc.
[edit] Judges
- Judge Thad Heartfield has announced that he will assume senior status on January 1, 2010, which will create a vacancy in the District.
| Judge | Appointed by | Began active service |
Ended active service |
Ended senior status |
End reason |
| Paul Neeley Brown | Ronald Reagan | October 17, 1985 | April 1, 2001 | Incumbent | – |
| David Ezekiel Bryant | Benjamin Harrison | May 27, 1890 | February 5, 1910 | – | death |
| Randolph Bryant | Herbert Hoover | January 24, 1931 | April 24, 1951 | – | death |
| Lamar John Ryan Cecil | Dwight D. Eisenhower | August 31, 1954[4] | February 14, 1958 | – | death |
| Ron Clark | George W. Bush | October 10, 2002 | Incumbent | – | – |
| Howell Cobb | Ronald Reagan | April 4, 1985 | March 1, 2001 | September 16, 2005 | death |
| Marcia A. Crone | George W. Bush | October 3, 2003 | Incumbent | – | – |
| Leonard Davis | George W. Bush | May 10, 2002 | Incumbent | – | – |
| William Lee Estes | Woodrow Wilson | February 18, 1920 | June 14, 1930 | – | death |
| Joseph Jefferson Fisher | Dwight D. Eisenhower | September 10, 1959 | January 30, 1984 | June 19, 2000 | death |
| David Folsom | Bill Clinton | March 17, 1995 | Incumbent | – | – |
| Sam Blakeley Hall Jr. | Ronald Reagan | May 10, 1985 | April 10, 1994 | – | death |
| John H. Hannah, Jr. | Bill Clinton | March 11, 1994 | December 4, 2003 | – | death |
| Thad Heartfield | Bill Clinton | March 17, 1995 | Incumbent | – | – |
| William Wayne Justice | Lyndon B. Johnson | June 7, 1968 | June 30, 1998 | October 13, 2009 | death |
| Amos Morrill | Ulysses Grant | February 5, 1872 | October 18, 1883 | – | retirement |
| Robert Manley Parker | Jimmy Carter | April 26, 1979 | June 17, 1994 | – | reappointment |
| Gordon J. Russell | William Howard Taft | June 6, 1910 | September 14, 1919 | – | death |
| Chauncey Brewer Sabin | Chester A. Arthur | April 5, 1884 | March 30, 1890 | – | death |
| Richard A. Schell | Ronald Reagan | June 6, 1988 | Incumbent | – | – |
| Michael H. Schneider, Sr. | George W. Bush | September 10, 2004 | Incumbent | – | – |
| Joseph Warren Sheehy | Harry S. Truman | June 8, 1951 | February 23, 1967 | – | death |
| William Steger | Richard Nixon | December 1, 1970 | December 31, 1987 | June 4, 2006 | death |
| T. John Ward | Bill Clinton | July 15, 1999 | Incumbent | – | – |
| John Charles Watrous | James K. Polk | May 29, 1846 | April 19, 1870 | – | resignation |
| Joel C. C. Winch | Ulysses Grant | October 11, 1870[5] | March 3, 1871 | – | not confirmed |
Current magistrate judges are Judge Don Bush, Judge Caroline M. Craven, Judge Chad Everingham, Judge Keith F. Giblin, Judge Judith Guthrie, Judge Earl S. Hines and Judge John Love.
[edit] Notes
- ^ "Local Rule AT–1: Admission to Practice" (PDF). U.S. District Court for the Eastern District of Texas Local Court Rules. 2009-03-26. pp. 30–31. http://www.txed.uscourts.gov/Rules/LocalRules/Documents/Local%20rules.pdf#page=30. Retrieved 2009-06-14.
- ^ JULIE CRESWELL, "So Small a Town, So Many Patent Suits", New York Times, September 24, 2006
- ^ A Haven for Patent Pirates
- ^ Recess appointment; formally nominated on November 8, 1954, confirmed by the United States Senate on December 2, 1954, and received commission on December 3, 1954.
- ^ Recess appointment; the United States Senate later rejected the appointment.
[edit] External links
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