T. John Ward
Encyclopedia
T. 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 before
his court in Marshall, Texas
.
.
He received a Bachelor of Arts
in 1964 from
Texas Tech University
and a Bachelor of Laws
in 1967 from the
Baylor Law School
.
He was in private practice as a malpractice
and product liability
lawyer
from 1968 through 1999.
Ward was nominated to the district by President
Bill Clinton
on January 26 1999, confirmed by the United States Senate
on July 13 1999, received his commission on July 15 1999
and joined the bench in September 1999. Service terminated on October 1, 2011 due to retirement.
as its Baylor Lawyer of the Year, an award given annually to an outstanding alumnus who has brought honor and distinction to Baylor Law School and the legal profession.
who maintains a "folksy demeanor" and a "fiery temper". He enjoys patent cases, citing their intellectual challenge. Ward was credited as having a solid knowledge of patent law and a dedication to efficiency. Attorney Willem Schurrman has described Ward as being
well-prepared and well-versed in the cases he hears.
He became interested in patent law while defending Hyundai
Electronics against a lawsuit
by Texas Instruments
.
Hyundai lost and Texas Instruments was awarded $25.2 million in 1999.
Since Ward initially joined the Eastern District of Texas, the district has seen a tenfold increase in cases since
1999. There were 14 patent cases in 1999,
32 in 2002, 155 in 2005,
and 234 in 2006. The district is one of eight with more than 100 new patent
filings each year. Ward heard more than 160 patent cases in his first seven years on the bench. He had been handling 90% of the patent cases in Marshall, but later was reduced to 60%.
Patent cases presented before Ward were more frequently won by the patent holder plaintiff
than the defense
.
One source claims that patent holders win 88% of the time in Ward's court, compared to an average of 68% nationwide. Another source claims that patent cases in Marshall are won by patent holders 78% of the time versus 59% nationwide. And a third source claims that in 90% of cases patent holders win jury
verdict
s.
Ward believes the problem of patent troll
s is overstated and that his record of being overturned only once supports this view. Between taking the bench in 1999 and June 2006, Ward was overturned in only one patent case.
Ward has been described as pushing cases through quickly. His court had been described as a "rocket docket" for its speed.
To speed things up, Ward adopted a set of rules covering both litigation and trial activities. Ward's rules were based on rules from the United States District Court for the Northern District of California
.
His litigation rules included early disclosure of positions, establishment of firm case deadlines, and sanctions for parties abusing the discovery process. Attorney Alan Fisch says that the "jurisdiction has a tailored set of rules for patent cases that streamline certain of the pretrial proceedings — generally this benefits both plaintiff and defendant.” Lawyers who do not move quickly enough are sanctioned. Ward credits his rules and resulting speed with causing the increase in patent suits filed in the district. Fast cases reduce expenses for financially strapped plaintiff
patent holders. Attorney Henry Bunsow claims that the fast cases can "cut legal fees in half."
His trial rules included strict timetables and the use of a chess clock to time opening
and closing argument
s. Each side in a case might receive between 9 and 15 hours for evidence, compared to other courts where it might take a month or more.
Defendants have incentive to settle rather than risk larger expenses.
There are claims that the juries in Marshall are plaintiff-friendly. There is disagreement about the court's patent-friendliness. Charles Baker and Daniel Perez, attorneys who have both defended against patent suits in Ward's court, describe the court as "fair."
Ward has described the district as historically "plaintiffs-oriented," and has described the Marshall jury pool as "defenders of property rights" and "friendly to patent owners' interests."
Some claim that plaintiffs often have an advantage because they hire Marshall lawyers more likely to know the jurors and benefit from that information.
. The ruling, which followed a 5th Circuit order that reversed Ward's refusal to transfer a products liability case against Volkswagen
out of the district, may make it easier for defendants in patent cases to successfully have cases transferred out of the plaintiff-friendly district.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
for the Eastern District of Texas
United States District Court for the Eastern District of Texas
The United States District Court for the Eastern District of Texas 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,...
.
He is best known for the large number of patent infringement
Patent infringement
Patent 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...
cases previously brought before
his court in Marshall, Texas
Marshall, Texas
Marshall 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...
.
Biography
T. John Ward was born in 1943 in Bonham, TexasBonham, Texas
Bonham is a city in Fannin County, Texas, United States. The population was 10,127 at the 2010 census. It is the county seat of Fannin County. James Bonham sought the aid of James Fannin at the Battle of the Alamo....
.
He received a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1964 from
Texas Tech University
Texas Tech University
Texas Tech University, often referred to as Texas Tech or TTU, is a public research university in Lubbock, Texas, United States. Established on February 10, 1923, and originally known as Texas Technological College, it is the leading institution of the Texas Tech University System and has the...
and a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1967 from the
Baylor Law School
Baylor Law School
Founded in 1857, Baylor Law School is the oldest law school in Texas and has been accredited by the American Bar Association since 1931 and a member of the Association of American Law Schools since 1938. Baylor Law School is affiliated with Baylor University and located in Waco, Texas...
.
He was in private practice as a malpractice
Malpractice
In law, malpractice is a type of negligence in, which the professional under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm...
and product liability
Product liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
from 1968 through 1999.
Ward was nominated to the district by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William 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...
on January 26 1999, confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on July 13 1999, received his commission on July 15 1999
and joined the bench in September 1999. Service terminated on October 1, 2011 due to retirement.
Civic activities
Judge Ward served on the board of trustees of the Good Shepherd Medical Center from 1987-91 and 1994-99, and was on the board of directors of the Good Shepherd Foundation from 1986-88 and 1994-97. He was on the advisory board of the East Texas Literacy Council from 1987-91.Honors
In 2004, Ward was honored by Baylor Law SchoolBaylor Law School
Founded in 1857, Baylor Law School is the oldest law school in Texas and has been accredited by the American Bar Association since 1931 and a member of the Association of American Law Schools since 1938. Baylor Law School is affiliated with Baylor University and located in Waco, Texas...
as its Baylor Lawyer of the Year, an award given annually to an outstanding alumnus who has brought honor and distinction to Baylor Law School and the legal profession.
Patent infringement cases
Ward has been described as a "plain-talking Texan"who maintains a "folksy demeanor" and a "fiery temper". He enjoys patent cases, citing their intellectual challenge. Ward was credited as having a solid knowledge of patent law and a dedication to efficiency. Attorney Willem Schurrman has described Ward as being
well-prepared and well-versed in the cases he hears.
He became interested in patent law while defending Hyundai
Hyundai
Hyundai ) is a global conglomerate company, part of the Korean chaebol, that was founded in South Korea by one of the most famous businessmen in Korean history: Chung Ju-yung...
Electronics against a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
by Texas Instruments
Texas Instruments
Texas Instruments Inc. , widely known as TI, is an American company based in Dallas, Texas, United States, which develops and commercializes semiconductor and computer technology...
.
Hyundai lost and Texas Instruments was awarded $25.2 million in 1999.
Since Ward initially joined the Eastern District of Texas, the district has seen a tenfold increase in cases since
1999. There were 14 patent cases in 1999,
32 in 2002, 155 in 2005,
and 234 in 2006. The district is one of eight with more than 100 new patent
filings each year. Ward heard more than 160 patent cases in his first seven years on the bench. He had been handling 90% of the patent cases in Marshall, but later was reduced to 60%.
Patent cases presented before Ward were more frequently won by the patent holder plaintiff
Plaintiff
A 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...
than the defense
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
.
One source claims that patent holders win 88% of the time in Ward's court, compared to an average of 68% nationwide. Another source claims that patent cases in Marshall are won by patent holders 78% of the time versus 59% nationwide. And a third source claims that in 90% of cases patent holders win jury
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
s.
Ward believes the problem of patent troll
Patent troll
Patent troll is a pejorative but questioned term used for a person or company who is a non-practicing inventor, and buys and enforces patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic, often with no intention to...
s is overstated and that his record of being overturned only once supports this view. Between taking the bench in 1999 and June 2006, Ward was overturned in only one patent case.
Ward has been described as pushing cases through quickly. His court had been described as a "rocket docket" for its speed.
To speed things up, Ward adopted a set of rules covering both litigation and trial activities. Ward's rules were based on rules from the United States District Court for the Northern District of California
United States District Court for the Northern District of California
The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San...
.
His litigation rules included early disclosure of positions, establishment of firm case deadlines, and sanctions for parties abusing the discovery process. Attorney Alan Fisch says that the "jurisdiction has a tailored set of rules for patent cases that streamline certain of the pretrial proceedings — generally this benefits both plaintiff and defendant.” Lawyers who do not move quickly enough are sanctioned. Ward credits his rules and resulting speed with causing the increase in patent suits filed in the district. Fast cases reduce expenses for financially strapped plaintiff
patent holders. Attorney Henry Bunsow claims that the fast cases can "cut legal fees in half."
His trial rules included strict timetables and the use of a chess clock to time opening
Opening statement
An opening statement is generally the first occasion that the trier of fact has to hear from a lawyer in a trial, aside possibly from questioning during voir dire. The opening statement is generally constructed to serve as a "road map" for the fact-finder...
and closing argument
Closing argument
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence...
s. Each side in a case might receive between 9 and 15 hours for evidence, compared to other courts where it might take a month or more.
Defendants have incentive to settle rather than risk larger expenses.
There are claims that the juries in Marshall are plaintiff-friendly. There is disagreement about the court's patent-friendliness. Charles Baker and Daniel Perez, attorneys who have both defended against patent suits in Ward's court, describe the court as "fair."
Ward has described the district as historically "plaintiffs-oriented," and has described the Marshall jury pool as "defenders of property rights" and "friendly to patent owners' interests."
Some claim that plaintiffs often have an advantage because they hire Marshall lawyers more likely to know the jurors and benefit from that information.
Venue controversy
The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus on December 29 2008 ruling that Judge Ward "clearly abused" his discretion when he denied TS Tech Co.'s motion to transfer its patent fight with Lear Corporation to a more convenient venue in OhioOhio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
. The ruling, which followed a 5th Circuit order that reversed Ward's refusal to transfer a products liability case against Volkswagen
Volkswagen
Volkswagen is a German automobile manufacturer and is the original and biggest-selling marque of the Volkswagen Group, which now also owns the Audi, Bentley, Bugatti, Lamborghini, SEAT, and Škoda marques and the truck manufacturer Scania.Volkswagen means "people's car" in German, where it is...
out of the district, may make it easier for defendants in patent cases to successfully have cases transferred out of the plaintiff-friendly district.
T. John "Johnny" Ward, Jr.
T. John Ward's son, T. John "Johnny" Ward, Jr. is an attorney who is frequently called on to litigate patent cases in the Eastern District of Texas.External links
- Judge T. John Ward - Official web page