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.)
Seal of the United States District Court for the Eastern District of Texas
Location Tyler, Texas
Appeals to Fifth Circuit
Established February 21, 1857
Judges assigned 8
Chief judge Leonard Davis
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.

Judge Leonard Davis, who was appointed to the Court by President George W. Bush, is the current Chief Judge of the United States District Court for the Eastern District of Texas. John Malcolm Bates, nominated by President Barack Obama, currently serves as the United States Attorney for the Court.

Contents

History[edit]

The oldest federal civil building in Texas, the 1861 Customs and Courthouse in Galveston, housed headquarters for the Eastern District of Texas between 1861–1891.
Federal Courthouse in Galveston that housed the Eastern District court from 1891–1902, when the Southern District of Texas was created.[1]

The first federal judge in Texas was John C. Watrous, who was appointed on May 26, 1846, and had previously served as Attorney General of the Republic of Texas. He was assigned to hold court in Galveston, at the time, the largest city in the state. As seat of the Texas Judicial District, the Galveston court had jurisdiction over the whole state.[2] On February 21, 1857, the state was divided into two districts, Eastern and Western, with Judge Watrous continuing in the Eastern district.[3] Judge Watrous and Judge Thomas H. DuVal, of the Western District of Texas, left the state on the secession of Texas from the Union, the only two United States Judges not to resign their posts in states that seceded. When Texas was restored to the Union, Watrous and DuVal resumed their duties and served until 1870. Judge Amos Morrill served in the Eastern District of Texas from 1872 to 1884. He was succeeded by Chauncy B. Sabin (1884 to 1890) and David E. Bryant (1890 to 1902). In 1902, when the United States District Court for the Southern District of Texas was created by Act of Congress, Judge Bryant continued to serve in the Eastern District of Texas and its headquarters was moved from Galveston to Tyler.

Patent litigation[edit]

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.[citation needed]

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.[4]

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.[5]

The district has been perceived to be a favorable jurisdiction for plaintiffs in patent infringement lawsuits, which win 88% of the time compared to a nation-wide average of 68% in 2006,[6] even, according to some claims, in dubious cases.[7]

Between 2004 and 2011 the district presided over TiVo Inc. v. EchoStar Corp., involving the issues of patent infringement and contempt of court.

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.[8]

Current judges[edit]

  • As of October 1, 2011, a vacancy exists in the Eastern District of Texas due to Judge T. John Ward's decision to assume senior status. No replacement nomination is currently pending.
  • As of March 17, 2012, a second vacancy exists due to Chief Judge David Folsom's decision to assume senior status. No replacement nomination is currently pending.
# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
23 Chief District Judge Leonard Davis Tyler 1948 2002–present 2012-present — G.W. Bush
18 District Judge Richard A. Schell Plano 1950 1988–present 1994–2001 — Reagan
24 District Judge Ron Clark Beaumont 1953 2002–present — — G.W. Bush
25 District Judge Marcia A. Crone Beaumont 1952 2003–present — — G.W. Bush
26 District Judge Michael H. Schneider, Sr. Tyler 1943 2004–present — — G.W. Bush
27 District Judge James Rodney Gilstrap Marshall 1957 2011–present — — Obama
— District Judge (vacant) (n/a) (n/a) (n/a) (n/a) (n/a) (n/a)
— District Judge (vacant) (n/a) (n/a) (n/a) (n/a) (n/a) (n/a)
21 Senior District Judge Thad Heartfield Beaumont 1940 1995–2010 2003–2009 2010–present Clinton
22 Senior District Judge T. John Ward Marshall 1943 1999–2011 (none) 2011–present Clinton

Former judges[edit]

Judge Appointed by Began active
service		 Ended active
service		 Ended senior
status		 End reason
Paul N. Brown Ronald Reagan 01985-10-10October 10, 1985 02001-04-01April 1, 2001 02012-11-26November 26, 2012 death
David Ezekiel Bryant Benjamin Harrison 01890-05-27May 27, 1890 01910-02-05February 5, 1910 – death
Randolph Bryant Herbert Hoover 01931-01-24January 24, 1931 01951-04-24April 24, 1951 – death
Lamar John Ryan Cecil Dwight D. Eisenhower 01954-08-31August 31, 1954[9] 01958-02-14February 14, 1958 – death
Howell Cobb Ronald Reagan 01985-04-04April 4, 1985 02001-03-01March 1, 2001 02005-09-16September 16, 2005 death
William Lee Estes Woodrow Wilson 01920-02-18February 18, 1920 01930-06-14June 14, 1930 – death
Joseph Jefferson Fisher Dwight D. Eisenhower 01959-09-10September 10, 1959 01984-01-30January 30, 1984 02000-06-19June 19, 2000 death
David Folsom Bill Clinton 01995-03-17March 17, 1995 02012-03-17March 17, 2012 – retirement
Sam Blakeley Hall Jr. Ronald Reagan 01985-05-10May 10, 1985 01994-04-10April 10, 1994 – death
John H. Hannah, Jr. Bill Clinton 01994-03-11March 11, 1994 02003-12-04December 4, 2003 – death
William Wayne Justice Lyndon B. Johnson 01968-06-07June 7, 1968 01998-06-30June 30, 1998 02009-10-13October 13, 2009 death
Amos Morrill Ulysses Grant 01872-02-05February 5, 1872 01883-10-18October 18, 1883 – retirement
Robert Manley Parker Jimmy Carter 01979-04-26April 26, 1979 01994-06-17June 17, 1994 – reappointment
Gordon J. Russell William Howard Taft 01910-06-06June 6, 1910 01919-09-14September 14, 1919 – death
Chauncey Brewer Sabin Chester A. Arthur 01884-04-05April 5, 1884 01890-03-30March 30, 1890 – death
Joseph Warren Sheehy Harry S. Truman 01951-06-08June 8, 1951 01967-02-23February 23, 1967 – death
William Steger Richard Nixon 01970-12-01December 1, 1970 01987-12-31December 31, 1987 02006-06-04June 4, 2006 death
John Charles Watrous James K. Polk 01846-05-29May 29, 1846 01870-04-19April 19, 1870 – resignation
Joel C. C. Winch Ulysses Grant 01870-10-11October 11, 1870[10] 01871-03-03March 3, 1871 – not confirmed

See also[edit]

Notes[edit]

  1. ^ National Park Service Archaeological Field Inspection
  2. ^ U.S. Department of Justice: 2002 Centennial Report, pgs. 1, 10
  3. ^ Southern District of Texas: History of the District
  4. ^ "Local Rule AT–1: Admission to Practice" (PDF). U.S. District Court for the Eastern District of Texas Local Court Rules. 2011-02-15. pp. 35–36. Retrieved 2011-03-03. 
  5. ^ JULIE CRESWELL, "So Small a Town, So Many Patent Suits", New York Times, September 24, 2006
  6. ^ A Haven for Patent Pirates
  7. ^ [1]
  8. ^ i4i Limited Partnership v. Microsoft Corporation 670 F. Supp. 2d 568
  9. ^ 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.
  10. ^ Recess appointment; the United States Senate later rejected the appointment.

External links[edit]

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