Lawyers involved in a patent infringement case in the Eastern District of Texas have been prohibited from referring to the court, jurors, or the jury pool with derogatory terms such as “yahoos.” This motion was granted by Chief U.S. District Judge Rodney Gilstrap of the Eastern District of Texas in a Dec. 20 order. The lawyers were also banned from referring to the plaintiff as a “patent factory” and the case as “fake news.” However, the lawyers can refer to the case as “frivolous” in closing arguments to challenge their opponent’s arguments.
The case in question involved the Chamberlain Group and two defendants and was set for a retrial when Gilstrap ruled. The first trial had seen a lawyer for the defendant Overhead Door Corp. tell jurors that the Chamberlain Group had “filed this suit in Marshall, Texas because they think we are yahoos in East Texas; they think we won’t use our common sense.” The defense had also compared the Chamberlain Group to a “patent factory.” The retrial resulted in a victory for the Chamberlain Group and a $46.1 million award for damages. The other defendant in the case is GMI Holdings.
This isn’t the first time Judge Gilstrap has banned specific terms from being used in the courtroom. In the past, he has banned references to plaintiffs as “patent trolls” or “pirates,” “bounty hunters,” “privateers,” or “bandits.” He has also banned references to infringement allegations as a “stickup,” “holdup,” “shakedown,” or “lawsuit lottery.”
Lawyers must remember to maintain a professional demeanor and language when in the courtroom. The use of inflammatory language can detract from the credibility of the presented legal argument and create a hostile atmosphere in the courtroom. By banning specific terms, Judge Gilstrap is working to ensure that the trial remains focused on the legal issues and that the proceedings are carried out fairly and impartially.
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In conclusion, the recent order by Judge Gilstrap to ban potentially inflammatory terms in the Eastern District of Texas patent infringement case is a reminder of the importance of maintaining a professional demeanor and language in the courtroom. By avoiding derogatory terms, lawyers can maintain the integrity of the legal process and ensure that the proceedings are fair and impartial for all parties involved.
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Federal judge bans potentially inflammatory words, such as ‘yahoos’ and ‘fake news’
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