The
United States District Court for the Eastern District of Texas (in
case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
s,
E.D. Tex.) is the Federal district court with jurisdiction over the eastern part of
TexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
and is a part of the
Fifth CircuitThe United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
. The court's headquarters are in
Tyler, TexasTyler is a city in and the county seat of Smith County, Texas, in the United States. It takes its name from President John Tyler . The city had a population of 109,000 in 2010, according to the United States Census Bureau...
and has five subdivision offices in
BeaumontBeaumont is a city in and county seat of Jefferson County, Texas, United States, within the Beaumont–Port Arthur Metropolitan Statistical Area. The city's population was 118,296 at the 2010 census. With Port Arthur and Orange, it forms the Golden Triangle, a major industrial area on the...
,
LufkinLufkin is a city in Angelina County, Texas, United States. Founded in 1882, the population was 35,067 in 2010. It is the county seat of Angelina County, and is situated in Deep East Texas.-History:...
,
MarshallMarshall is a city in Harrison County in the northeastern corner of Texas. Marshall is a major cultural and educational center in East Texas and the tri-state area. As of the 2010 U.S. Census, the population of Marshall was about 23,523...
,
ShermanSherman is a city in and the county seat of Grayson County, Texas, United States. The city's estimated population as of 2009 was 38,407. It is also one of two principal cities in the Sherman-Denison Metropolitan Statistical Area.-History:...
, and
TexarkanaTexarkana is a city in Bowie County, Texas, United States. It effectively functions as one half of a city which crosses a state line — the other half, the city of Texarkana, Arkansas, lies on the other side of State Line Avenue...
. 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 CircuitThe United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
, except for
patentA patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
claims and claims against the U.S. government under the
Tucker ActThrough the Tucker Act , the United States government has waived its sovereign immunity with respect to certain lawsuits....
, which are appealed to the
Federal Circuit-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
.
The Honorable Judge David Folsom, who was appointed to the Court by President
Bill ClintonWilliam Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
, is the current Chief Judge of the United States District Court for the Eastern District of Texas. John Malcolm Bates, of Texas, has been nominated by President
Barack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
according to the White House Press Office, to succeed Rebecca A. Gregory as the
United States AttorneyUnited States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Court.
History
The first federal judge in
TexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
was John C. Watrous, who was appointed on May 26, 1846, and had previously served as
Attorney GeneralIn most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of the
Republic of TexasThe Republic of Texas was an independent nation in North America, bordering the United States and Mexico, that existed from 1836 to 1846.Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S...
. 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. On February 21, 1857, the state was divided into two districts, Eastern and Western, with Judge Watrous continuing in the Eastern district. 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 TexasThe United States District Court for the Southern District of Texas is the Federal district court with jurisdiction over the southern part 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
TylerTyler is a city in and the county seat of Smith County, Texas, in the United States. It takes its name from President John Tyler . The city had a population of 109,000 in 2010, according to the United States Census Bureau...
.
Patent litigation
Most recently, the Eastern District of Texas has seen an increase in the number of cases filed relating to
patent infringementPatent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
. This District has experienced an increase in the number of patent cases filed and tried, notably in the courts of Judge
T. John WardT. John Ward is a retired United States federal judge for the Eastern District of Texas.He is best known for the large number of patent infringement cases previously brought beforehis court in Marshall, Texas.-Biography:T...
in the Marshall Division, Judge
Leonard DavisLeonard E. Davis is a district judge for the United States District Court for the Eastern District of Texas. He was nominated by President George W. Bush on January 23, 2002 and was sworn in on May 15, 2002...
in the Tyler Division, and Judge
David FolsomDavid Folsom is a United States federal judge.Born in Murfreesboro, Arkansas, Folsom received a B.A. from the University of Arkansas in 1969 and a J.D. from the University of Arkansas School of Law in 1974. He was in private practice in Texarkana, Texas from 1974 to 1995...
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 TexasThe State Bar of Texas is an agency of the judiciary under the administrative control of the Texas Supreme Court. The Texas Bar is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in Texas...
—to be admitted to practice before the Eastern District Court.
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.
The district has been perceived to be a favorable jurisdiction for
plaintiffA plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s in patent infringement lawsuits, which win 88% of the time compared to a nation-wide average of 68% in 2006. including, according to some claims, dubious ones.
Between 2004 and 2011 the district presided over
TiVo Inc. v. EchoStar Corp.TiVo Inc. v. EchoStar Corp. is a case stretching from 2004 to 2011, which took place in the United States District Court for the Eastern District of Texas and the United States Court of Appeals for the Federal Circuit. TiVo Inc. sued EchoStar Corp. claiming patent infringement of a DVR technology...
, 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
MicrosoftMicrosoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
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
XMLExtensible Markup Language is a set of rules for encoding documents in machine-readable form. It is defined in the XML 1.0 Specification produced by the W3C, and several other related specifications, all gratis open standards....
," according to an announcement by the plaintiff, Toronto-based i4i Inc.
Current judges
- As of January 1, 2010, a vacancy exists in the Eastern District of Texas due to Judge Thad Heartfield's decision to assume senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. On May 19, 2011, President Obama nominated James Rodney GilstrapJames Rodney Gilstrap is an attorney in Marshall, Texas and a current federal judicial nominee for the United States District Court for the Eastern District of Texas.-Early life and education:...
to the seat. His nomination is pending before the U.S. Senate.
- As of October 1, 2011, a second vacancy exists in the Eastern District of Texas due to Judge John T. Ward's decision to assume senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. No replacement nomination is currently pending.
Current
magistrate judgeIn the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
s 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.
Former judges
| Judge |
Appointed by |
Began active
service |
Ended active
service |
Ended senior
status |
End reason |
| David Ezekiel Bryant David Ezekiel Bryant was a United States federal judge.Born in LaRue County, Kentucky, Bryant received an A.B. from Trinity College, San Antonio, Texas in 1871, and read law to enter the bar in 1873...
|
Benjamin HarrisonBenjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
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Randolph BryantRandolph Bryant was a United States federal judge.Born in Sherman, Texas, Bryant received a B.A. from the University of Texas in 1913 and an LL.B. from the University of Texas School of Law in 1916. He was a Captain in the United States Army during World War I, from 1917 to 1919...
||
Herbert HooverHerbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business...
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Lamar John Ryan CecilLamar John Ryan Cecil was a United States federal judge.Born in Houston, Texas, Cecil received a B.A. from Rice Institute in 1923 and an LL.B. from the University of Texas School of Law in 1927. He was in private practice in Beaumont, Texas from 1927 to 1954.On August 31, 1954, Cecil received a...
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Dwight D. EisenhowerDwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
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Howell CobbHowell Cobb was a Texas lawyer and federal judge.Born in Atlanta, Georgia, Cobb joined the United States Navy in 1942, completing his cadet training in 1943 and serving as a Lieutenant in the United States Marine Corps from 1943 to 1945, during which time he was a fighter pilot in the Pacific...
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Ronald ReaganRonald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
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William Lee EstesWilliam Lee Estes was a United States federal judge.Born in Boston, Texas, Estes received an A.B. from Hampden-Sydney College in 1891 and an LL.B. from the University of Texas in 1893...
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Woodrow WilsonThomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
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Joseph Jefferson FisherJoseph Jefferson Fisher was a United States federal judge.Born in Bland Lake, Texas, Fisher received an LL.B. from the University of Texas School of Law in 1936. He was a county attorney of St. Augustine County, Texas from 1937 to 1939. He was a District attorney of First Judicial District of...
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Dwight D. EisenhowerDwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
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| Sam Blakeley Hall Jr.||
Ronald ReaganRonald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
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John H. Hannah, Jr.John H. Hannah, Jr. was a United States federal judge.Born in Nacogdoches County, Texas, Hannah was in the United States Navy from 1958 to 1961. He received a B.S. from Sam Houston University in 1966 and attended South Texas College of Law and the University of Houston Law Center...
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Bill ClintonWilliam Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
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William Wayne JusticeWilliam Wayne Justice was an American jurist. He served as a United States District Judge for the Eastern District of Texas and a Senior United States District Judge for the Western District of Texas....
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Lyndon B. JohnsonLyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
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Amos MorrillAmos Morrill was a United States federal judge.Born in Salisbury, Massachusetts, Morrill graduated from Bowdoin College in 1834 and read law to enter the Bar in 1836. He was in private practice in Murfreesboro, Tennessee from 1836 to 1839, in Clarksville, Texas from 1839 to 1856, and in Austin,...
||Ulysses Grant||||||–||retirement
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Robert Manley ParkerRobert Manley Parker is a retired U.S. federal appeals court judge on the United States Court of Appeals for the Fifth Circuit.- Early life and education :...
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Jimmy CarterJames Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
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Gordon J. RussellGordon James Russell was a U.S. Representative from Texas.Born in Huntsville, Alabama, Russell attended the common schools, the Sam Bailey Institute, Griffin, Georgia, and Crawford High School, Dalton, Georgia....
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William Howard TaftWilliam Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
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Chauncey Brewer SabinChauncey Brewer Sabin was a United States federal judge.Born in Oneonta, New York, Sabin read law to enter the bar in 1846. He was in private practice in Albany, New York from 1846 to 1847, in Houston, Texas from 1847 to 1861, in New York City from 1863 to 1865, in Houston, Texas from 1865 to...
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Chester A. ArthurChester Alan Arthur was the 21st President of the United States . Becoming President after the assassination of President James A. Garfield, Arthur struggled to overcome suspicions of his beginnings as a politician from the New York City Republican machine, succeeding at that task by embracing...
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Joseph Warren SheehyJoseph Warren Sheehy was a United States federal judge.Born in Saratoga, Texas, Sheehy received an LL.B. from Baylor University School of Law in 1934. He was an Assistant attorney general of State of Texas from 1934 to 1935...
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Harry S. TrumanHarry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
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William StegerWilliam Merritt "Bill" Steger handled some 15,000 cases in a career spanning 35 years as a U.S. District Court judge for the Eastern District of Texas, based in Tyler. U.S. President Richard M. Nixon appointed Steger to the bench in 1970...
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Richard NixonRichard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
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John Charles WatrousJohn Charles Watrous was a United States federal judge.Born in Colchester, Connecticut, Watrous received an A.B. from Union College in 1828 and read law in 1830. He was in private practice in Selma, Alabama from 1830 to 1835, and in Woodsville, Mississippi from 1835 to 1836...
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James K. PolkJames Knox Polk was the 11th President of the United States . Polk was born in Mecklenburg County, North Carolina. He later lived in and represented Tennessee. A Democrat, Polk served as the 17th Speaker of the House of Representatives and the 12th Governor of Tennessee...
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Joel C. C. WinchJoel C. C. Winch was a United States federal judge for a short term of service.Born in Northfield, Vermont was a teacher there and read law in 1858. He was in private practice in Corsicana, Texas from 1859 to 1864, and then in Houston, Texas...
||Ulysses Grant||||||–||not confirmed
|}
External links