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Michael Smith

Michael Smith

PARTNER

Overview

Michael C. Smith is a partner in the Marshall office of Scheef & Stone, LLP, where his practice is focused on complex commercial and patent litigation in federal court. Mr. Smith, who has appeared as counsel of record in over 900 civil cases in the Eastern District of Texas, served as chairman of the Eastern District’s Local Rules Advisory Committee from 2000-2009. He also maintains the Eastern District of Texas Federal Court Practice web log at www.EDTexweblog.com, tracking Eastern District news and caselaw. He has edited O’Connor’s Federal Rules * Civil Trials since 1998.

Mr. Smith blends conventional time-honored best practices with cutting-edge innovative tactics to develop solutions to meet his clients’ business objectives. When complex disputes arise, he is a creative negotiator. In the instances where a favorable settlement is unavailable through negotiations, he embraces the opportunity to lead powerful advocacy in the courtroom or mediation. Integrity, compassion, and approachability are attributes that drive Mr. Smith’s long lasting relationships with the clients he serves.

Mr. Smith is a Life Fellow of the Texas Bar Foundation and served on the Board of Directors of the State Bar of Texas from 2005-2008 and 2020-2023, where he was recognized as Outstanding Third Year Director and received a Presidential Citation. He is a past president of the Eastern District of Texas Bar Association and past chair of both the State Bar of Texas Litigation Section and the Texas Bar Journal Board of Editors. He has been selected for inclusion in the 2008-2023 Texas Super Lawyers lists, is a charter member of the T. John Ward American Inn of Court, and a member of the American Board of Trial Advocates, where he is a past president of the East Texas ABOTA chapter and a Life Fellow of the ABOTA Foundation, and regularly serves on Tex-ABOTA committees.

Mr. Smith, a Marshall native, served on the Marshall City Commission for three terms, from 1996-2002. He is married to former Harrison County Treasurer Jamie Marie Noland, and they have three sons. He has written two books on aircraft carriers, and is the sole inventor on two U.S. patents. In addition to his law practice, Mr. Smith has owned a pizza restaurant for several years. His experience as a small business owner provides him invaluable firsthand knowledge of the complexities and challenges involved with the running a successful business.

  • Member, Harrison County Bar Association
  • Member, Northeast Texas Bar Association
  • Member, Texas Trial Lawyers Association
  • Member, State Bar of Texas Intellectual Property Law Section Council, 2019 – Present
  • Past Chair, State Bar of Texas, Litigation Section Council
  • Past President, East Texas Trial Lawyers Association
  • Chair, U.S. District Court Eastern District of Texas, Local Rules Advisory Committee, July 1, 2000 – July 1, 2009
  • State Bar of Texas Board of Directors, District 1 Director 2005 – 2008, Section Representative, 2020 – 2023
  • Charter Member, T. John Ward American Inn of Court
  • Past President, Eastern District of Texas Bar Association
  • Past President, Harrison County Bar Association
  • Foundation Life Fellow and Past East Texas Chapter President, American Board of Trial Advocates (ABOTA)
  • Sustaining Member, Texas Trial Lawyers Association
  • Sustaining Life Fellow, Texas Bar Foundation
  • Past Chair, Texas Bar Journal Board of Editors
  • Seminar Chair, State Bar of Texas, Causes of Action, 2006
  • Seminar Chair, State Bar of Texas, Litigation Update, 2005
  • Seminar Chair, State Bar of Texas, Advanced Civil Trial, 2005
  • Juris Doctor, Baylor University School of Law, 1992
  • Executive LL.M. in Litigation Management, Baylor University School of Law (Candidate), 2024
  • Master of Fine Arts, World War II Studies, Arizona State University/National World War II Museum, 2021
  • Master of Public Affairs, Lyndon B. Johnson School of Public Affair, The University of Texas at Austin, 1989
  • Bachelor of Arts, East Texas State University, 1986
  • Selected in “The Best Lawyers in America” list for Litigation – Intellectual Property, Litigation – Patent, Patent Law, 2024
  • Intellectual Property Trailblazer Award, National Law Journal, 2023
  • Selected in “Best Attorneys in Texas” list, Best Lawyers (Woodward/White, Inc.), 2022
  • Named in “Texas Super Lawyer” list, Thomson Reuters, 2008 – 2023
  • Sam B. Hall, Civic Service Award, East Texas Baptist University, 2016
  • Named in “Top Notch Lawyers in Texas” in the field of Intellectual Property list, Texas Lawyer, 2012
  • Standing Ovation Award, TexasBarCLE, 2010
  • Attorney Most Supportive of Paralegals Award, Northeast Texas Association of Paralegals, 2009
  • Cy Pres: Impact on Justice Award, Texas Access to Justice Foundation, 2009
  • Presidential Citation, State Bar of Texas, 2008
  • Outstanding Third Year Director, State Bar of Texas, 2008

Litigation

  • Patent Litigation
  • Copyright Litigation
  • Trademark Litigation
  • Trade Secret Litigation
  • Commercial Litigation

Intellectual Property

  • Patent Litigation
  • Copyright Litigation
  • Litigation
  • Trade Secret Litigation
  • O’Connor’s Federal Rules * Civil Trials (1997-present), Thomsou West Publishing
  • “EDTX judge’s new limine order takes name-calling off the table,” IAM, March 13, 2023
  • “The Federal Circuit’s 2020-2021 Patent Venue Mandamus Cases: Part 2,” Texas Lawyer/ALM/law.com (with Erick S. Robinson & Karl Rupp), August 10, 2022
  • “The Federal Circuit’s 2020-2021 Patent Venue Mandamus Cases: Part 1,” Texas Lawyer/ALM/law.com, (with Erick S. Robinson & Karl Rupp), March 7, 2022
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2018
  • “Ethical Issues Involving Social Media In Jury Cases,” (with Suann Ingle), PLI Advanced Techniques & Best Practices, 2018
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2017
  • “The Ethics of Social Media and the Jury: The Rising Importance of Social Media in the Courtroom,” (with Daniel Wolfe), PLI’s Patent Litigation 2017: Advanced Techniques & Best Practices, 2017
  • “TC Heartland Changes Patent Venue Landscape,” State Bar Intellectual Property Law Section TIPSheet, Vol. 12 No., 2017
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2016
  • “Cyber Security: What lawyers and law firms need to know about data security to avoid losing clients and getting sued,” (Rob King, co-author), UT Law CLE 40th Annual Civil Litigation Conference, 2016
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2015
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2014
  • “Start With the Court’s Charge,” www.law.com, 2014
  • “On the Right Track,” Intellectual Property Magazine, (Eastern District of Texas “Track B” procedure in patent cases), April 2014
  • “Who’re You Calling Plaintiff Friendly?” Texas Lawyer, April 28, 2014
  • “Picking the Court: Jurisdiction, Venue, Removal and Remand in Federal Court,” The Advocate, Summer 2014
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2013
  • “Federal Circuit Polices Damages for Patent Infringement,” Texas Lawyer, June 10, 2013
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 20123
  • “Office Toys,” State Bar of Texas Litigation Section News For The Bar, Winter 2011
  • “Man With the Plan: Successful Eastern District Practice Requires Understanding History,” Texas Lawyer, April 11, 2011
  • “Patent Litigation 2010 Year in Review”, Texas Bar Journal, January 2011
  • “Patent Litigation 2010 Year in Review”, Texas Bar Journal, January 2010
  • “Starting a New Law Office: A Checklist,” Texas Bar Journal, July 2008
  • “Patent Litigation: A Changing Landscape,” Texas Bar Journal, January 2008
  • “Federal Update,” (with Edwin Voss) State Bar of Texas Advanced Civil Trial seminar, 2007 “A Battle Over Where the War Is To Be Fought – Venue in Patent Cases,” The Advocate, Vol. 41, Winter 2007
  • “Rocket Docket: Marshall Court Leads Nation in Hearing Patent Cases,” Texas Bar Journal, Vol. 69 No. 11, 2006
  • “Local Court Leads Nation in Hearing Property Rights Cases,” The Eagle (Marshall weekly newspaper), 2006
  • “Formulating the Plan to Proceed Against Multiple Parties,” AIPLA Spring Meeting, 2006 (published in IP Litigator, September/October 2006 issue)
  • “The New Spindletop – The Patent Litigation Boom in the Eastern District of Texas” (with Andrew DiNovo), State Bar of Texas IP Law Section Newsletter, Winter 2006
  • “Product Liability,” The Advocate, 2004
  • “The 2000 Amendments to the Federal Rules of Civil Procedure and the Local Rules for Texas Federal Courts,” State Bar of Texas Litigation Section, The Advocate, Vol. 19, No. 3, 2000
  • “Obtaining Jurisdiction Through Internet Contacts,” ATLA New Lawyers Forum newsletter, Summer 1998
  • Essex Class Carriers in Action – Warships No. 10, Squadron/Signal Publications
  • US Light Carriers in Action – Warships No. 16, Squadron/Signal Publications
  • “Rules, Local Rules and Local Local Rules: Trial Procedure in Federal Court,” O’Connor’s CLE Webinar, December 7, 2021
  • “Photo Copyright Litigation: A Cautionary Tale to Clients and Lawyers” Texarkana Bar Association, November 9, 2021
  • “Ethical Issues in Removal & Remand,” TexasBarCLE Handling Your First (Or Next) Removal or Remand seminar, November 5, 2021
  • World War II Studies Digication Portfolio, World War II Studies Masters Program, Arizona State University (portfolio of major research from masters program), 2021
  • The American Vice President:  Line Assistant or Senior Adviser? Professional Report, The Lyndon B. Johnson School of Public Affairs – The United States of Texas at Austin, 1989
  • “Tex IP Roundup” webinars, Berkeley Center for Law and Technology, 2023 (monthly)
  • “Trial Procedure in Federal Court,” State Bar of Texas Federal Court seminar, 2023
  • “Post-Judgment Motions,” State Bar of Texas 12th Annual Course – Advanced Trial Strategies, 2023
  • “Patent Venue Update,” State Bar of Texas Intellectual Property Litigation Seminar, 2023
  • “East v. West: The District Makes a Difference,” State Bar of Texas Intellectual Property Litigation Seminar (with Leah Bhimani Buratti), 2022
  • “Patent Case Management Year In Review,” IP + Tech Month, Berkeley Center for Law & Technology, 2022
  • “FDTX Judge’s New Limine Order Takes Name-Calling Off the Table,” IAM, March 13, 2023
  • “The Federal Circuit’s 2020-2021 Patent Venue Mandamus Cases: Part 1”, Texas Lawyer/ALM/law.com (March 7, 2022) (with Erick S. Robinson & Karl Rupp)
  • “The Federal Circuit’s 2020-2021 Patent Venue Mandamus Cases: Part 2”, Texas Lawyer/ALM/law.com (August 10, 2022) (with Erick S. Robinson & Karl Rupp)
  • “Last Week in Texas” IP webinars, Berkeley Center for Law and Technology, 2022 (approx. biweekly).
  • “Jurisdiction and Venue Newest Developments for Selecting, Preserving, and Challenging a Court,” 23rd Annual Berkeley-Stanford Advanced Patent Law Institute (Panel Discussion & Supplemental Materials), 2022
  • Fifth Circuit Judicial Panel, 25th Annual Eastern District of Texas Bench/Bar Meeting (co-moderator with Ryan Raybould). Panelists: Chief Judge Priscilla Richman; Former Chief Judge Carl Stewart; Judge James Graves; Judge Catharina Haynes, 2022
  • “Trial Procedure in Federal Court,” State Bar of Texas Federal Court seminar, 2021
  • “Rules, Local Rules, and Local Local Rules: Trial Procedure in Federal Court,” O’Connor’s/Thomson West/The Rutter Group webinar, 2021
  • “Photo Copyright Litigation: A Cautionary Tale to Clients and Lawyers,” Texarkana Bar Association, November 9, 2021
  • “You Won Your Big Case & Now Your Phone is Ringing; A Lawyer’s Guide to Speaking with the Press,” 24th Annual Eastern District of Texas Bench/Bar Meeting (co-moderator with Eric Findlay). Panelists: Wes Hill, Ward, Smith & Hill, PLLC; Tom Melsheimer, Winston & Strawn LLP; Morgan Chu, Irell & Manella, LLP, 2021
  • “Ethical Issues in Removal and Remand,” State Bar of Texas Handling Your First (Or Next) Removal or Remand, 2021
  • “Class Actions,” State Bar of Texas Advanced Civil Trial Seminar, 2021
  • “Photograph Copyright Litigation,” Collin County Bar Association Civil Litigation Section, September 9, 2021
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2021
  • “Ethics in Copyright: The Liebowitz Story,” State Bar of Texas Advanced Intellectual Property Law seminar, 2021
  • “Venue Considerations and Update,” State Bar of Texas Advanced Intellectual Property Law seminar, 2021
  • “Photograph Copyright Litigation”, State Bar of Texas Advanced Intellectual Property Litigation course, 2020
  • “Ethical Issues Involving Social Media In Jury Cases,” (with Suann Ingle), PLI Advanced Techniques & Best Practices, 2020
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2020
  • “Trial Procedure in Federal Court,” State Bar of Texas Federal Court seminar, 2019
  • “The Effect of TC Heartland on Patent Litigation in Texas,” The Advocate, State Bar Litigation Section, 2019
  • “Patent Litigation – Year in Review,” Texas Bar Journal, January 2019
  • “Trial Procedure in Federal Court,” Northeast Texas Paralegal Association seminar, 2019
  • “Ethical Issues Involving Social Media In Jury Cases,” (with Suann Ingle), PLI Advanced Techniques & Best Practices, 2019
  • “Patent Litigation Update,” Marshall Citizens Advisory Council, 2019.
  • “Things Judges Wish Trial Lawyers Knew,” News For The Bar, State Bar of Texas Litigation Section, Winter 2019.
  • “Evidence: Getting It In,” State Bar of Texas Advanced Evidence and Discovery seminar, 2018
  • “Cybersecurity for Law Firms,” (with Tony Sauerhoff) Western District of Texas Bench/Bar Conference, 2018
  • “Jurisdiction and Venue – Where Does the Case Belong?” (David Lopez, co-author), State Bar of Texas Advanced Civil Trial seminar, 2017
  • “Post-Trial Motion Practice”, State Bar of Texas Advanced Patent Litigation seminar, 2017
  • “Getting In and Getting Out of Texas. Drilling Into Questions Yet Unanswered By TC Heartland in the Age of Cyberspace,” 2017 Eastern District of Texas Bench/Bar Conference, panel moderator, 2017
  • “After TC Heartland: Venue Considerations for Practitioners,” 2017 Midwest IP Institute, panelist, 2017
  • “The Effect of TC Heartland on Patent Venue,” 55th Annual Conference on Intellectual Property Law, The Center for American & International Law, 2017
  • “The Impact of Heartland on District Court Litigation,” ABA Section of Intellectual Property Law33d Annual Intellectual Property Law Conference, 2017
  • “You Won’t Break It: How Experienced Lawyers Survive the Digital Age,” State Bar of Texas Litigation Update seminar, 2015
  • “Trial Procedure in Federal Court,” State Bar of Texas Federal Court seminar, 2015
  • “Federal Update”, State Bar of Texas Advanced Civil Trial seminar, 2015
  • “Federal Update,” State Bar of Texas Litigation Update seminar, 2014
  • “Trial Procedure in Federal Court,”(with Magistrate Judge Nicole Mitchell) State Bar of Texas Federal Court seminar, 2014
  • “Social Media,” State Bar of Texas Litigation Update seminar, 2013
  • “Trial Procedure in Federal Court,” (with Magistrate Judge Roy Payne) State Bar of Texas Federal Court seminar, 2013
  • “Practice in the Eastern District After the AIA,” State Bar of Texas Advanced Patent Litigation seminar, 2013
  • “Federal Update,” Advanced Civil Trial seminar, 2013
  • “An Insider’s Guide to the Eastern District of Texas,” 2013 Midwest IP Institute, September 26, 2013
  • “Motions: Dispositive and Otherwise,” State Bar of Texas Federal Court Practice seminar, 2012
  • “Social Media,” State Bar of Texas Litigation Update seminar, 2012
  • “Multidefendant Patent Cases and Transfers,” Houston Intellectual Property Law Association conference, 2011
  • “Federal Pleading Standards,” State Bar of Texas Advanced Civil Trial Course, 2011
  • “Federal Update on Evidence and Discovery,” State Bar of Texas Advanced Evidence and Discovery Course, 2011
  • “Motions: Dispositive and Otherwise,” (with then – Magistrate Judge Amos Mazzant) State Bar of Texas Federal Court Practice seminar, 2011
  • “Venue Transfers in Patent Cases,” UT CLE Advanced Patent Law Institute, 2010
  • “Venue Selection in Patent Cases After In re Volkswagen,” Austin Intellectual Property Law Association, 2010
  • “Venue Selection Post In re Volkswagen: Has It Impacted Life in East Texas?” State Bar of Texas Advanced Intellectual Property Law Course, 2010
  • “Patent Venue Update: The Effect of In re Volkswagen on Motions to Transfer Venue in Patent Cases in the Eastern District of Texas,” 2010 AIPLA Spring Meeting, 2010
  • “Intellectual Property Litigation: What Civil Litigators Need to Know,” State Bar of Texas Advanced Civil Trial Course, 2009
  • “Fallout from In re TS Tech: Venue Disputes in Texas,” State Bar of Texas Annual Meeting, 2009
  • “Current Practice in the Eastern District of Texas,” 7th Annual Rocky Mountain Intellectual Property & Technology Institute, Denver, Colorado, 2009
  • “The Marshall Patent Docket: History and a Practitioner’s Perspective,” Marshall Citizens Advisory Committee, 2009
  • “Dispositive Motions in Federal Court,” State Bar of Texas Federal Court Practice seminar, 2009
  • “Intellectual Property and Patent Litigation Update,” State Bar of Texas Litigation Update Institute, 2009
  • “Everything You Need to Know About the Patent Reform Act,” 2008 Intellectual Property Seminar, Texas Association of Defense Counsel, 2008
  • “Patent Litigation: A Practitioner’s Perspective,” Door County, Wisconsin, IP Academy 2008
  • “Intellectual Property Causes of Action,” State Bar Causes of Action seminar, 2008
  • “Recent Developments in the Eastern District of Texas: How They Affect Patent Law, E-Commerce and the Internet,” ABA Section of Business Annual Meeting, 2008
  • “Death and Taxes: How To Survive and Thrive in Patent Litigation in the Eastern District of Texas,” 23rd Annual ABA Intellectual Property Law Conference, 2008
  • “Federal Update,” Texas Association of Defense Counsel, 2007
  • “Litigation: Rules to Worry About in Federal Court in the Eastern District of Texas,” NTAP 2007 CLA Review Course, 2007
  • “Recent Rule Changes in Federal Court,” Jefferson County Bar Association Federal Court seminar, 2007
  • “U.S. Eastern District of Texas Update,” State Bar of Texas Intellectual Property Law Course, 2007
  • “Proportionate Responsibility,” (with Knox Nunnally) State Bar Advanced Personal Injury Law Seminar, 2007
  • “Federal Update,” State Bar of Texas Litigation Update seminar, 2006
  • “Federal Update,” Soaking Up Some CLE seminar, 2006
  • “Intellectual Property Causes of Action,” (with Scott Hemingway and Michael Regitz) State Bar Causes of Action seminar, 2006
  • “Federal Practice Trends (including bankruptcy),” Federal Court Practice seminar, 2006
  • Federal Update,” (with Edwin Voss) State Bar of Texas Advanced Civil Trial seminar, 2006
  • “Reminding Everyone to Stop Wandering Off the Path: The Effect of eBay v. MercExchange on District Courts’ Decisions Whether to Grant Injunctions in Patent Cases,” 44th Annual Intellectual Property Law Conference, Institute for Law and Technology/The Center for American and International Law, 2006
  • “Intellectual Property Litigation: What Civil Litigators Need to Know”, State Bar of Texas Litigation Update, 2005
  • “Intellectual Property Litigation: What Civil Litigators Need to Know,” State Bar Litigation Update Seminar, 2005
  • “Comparative Causation & Indemnity,” State Bar Advanced Personal Injury Law Seminar, 2005
  • “Eastern District of Texas Patent Rules,” AIPLA Spring Meeting, 2004
  • “Advanced Procedural Tactics,” State Bar Advanced Civil Trial Seminar, 2003/04
  • “Products Liability & Healthcare Liability Update,” State Bar Litigation Update Seminar, 2004
  • “Federal Update,” State Bar of Texas Litigation Update seminar, 2003
  • “The Important Paper … About the Eastern District Rules Anyway,” Federal Bar Association – Dallas Chapter, 2003
  • “Advanced Procedural Tactics,” State Bar of Texas Advanced Personal Injury seminar, 2003
  • “Procedure Update: State and Federal,” (with Carl R. Roth), State Bar of Texas Advanced Personal Injury Law Course, 2002
  • “The 2000 Amendments to the Federal Rules of Civil Procedure and Evidence and the Local Rules for the Eastern District of Texas,” Northeast Texas Association of Legal Assistants, 2001
  • “New Federal Rules,” Advanced Personal Injury Law Course,(with Carl Roth), 2001
  • “The Effect of Kumho Tire and Amended Federal Rule of Evidence 702 on Daubert Challenge Procedures,” ATLA Midwinter Convention, 2001
  • “Using the Rules Offensively,” Hot Tips for Hot Times seminar, Texas Trial Lawyers Association, 2000
  • “The 2000 Amendments to the Federal Rules of Civil Procedure and Evidence and the Local Rules for the Eastern District of Texas,” Eastern District of Texas seminars, 2000-2001“The 2000 Amendments to the Federal Rules of Civil Procedure and Evidence and the Local Rules for the Eastern District of Texas,” Eastern District of Texas seminars, 2000-2001
  • “Venue Issues in Crashworthiness Cases,” Attorneys Information Exchange Group, Seattle, WA, 2000
  • State Bar of Texas, 1992
  • U.S. District Court Eastern District of Texas, 1993
  • U.S. District Court Northern District of Texas, 1993
  • U.S. District Court Southern District of Texas, 1993
  • U.S. District Court Western District of Texas, 1993
  • U.S. Court of Appeals 5th Circuit, 1993
  • U.S. Court of Appeals Federal Circuit, 2017
  • U.S. Patent No. 9,955,784
  • U.S. Patent No. D802,337
  • Knight of the Equestrian Order of the Holy Sepulchre of Jerusalem (2010-present)
  • Knights of Columbus, 4th degree (1992-present)
  • County Historical Museum (President, 1994-1995; 2022-2023)
  • Marshall Chamber of Commerce (Board of Directors, 1993-1995; 2014-2020)
  • Marshall Citizens Advisory Committee (Member; President, 2008-2009)
  • City of Marshall, Texas – City Commissioner – 1996-2002
  • Marshall Jaycees Outstanding Young Business Leader, 1996
  • Marshall Stagecoach Days Festival (Chair, 1995)
  • St. Joseph’s Catholic Church, Marshall, Texas, Parishioner (Lector,  & member,  Finance & Building committees)