11Hon. David Folsom

Hon. David Folsom

Chief Judge, U.S. District Court Eastern District of Texas (Ret.)

Speaking Sessions

November 11, 202111:00am EST to 12:30pm EST

Biography

Judge David Folsom served as a United States District Judge, Eastern District of Texas, from April 14, 1995, to March 17, 2012. Judge Folsom was nominated by President William Jefferson Clinton on October 6, 1994, and received his commission on March 17, 1995. Judge Folsom presided over cases in the Texarkana, Marshall, and Sherman divisions and served as Chief Judge of the Eastern District of Texas from January 1, 2009, to December 31, 2011. During his 17-year tenure, Judge Folsom conducted over 250 trials, presided over hundreds of patent cases, and held approximately 75 claim construction hearings.

Judge Folsom presided over complex civil litigation including: products liability cases such as State of Texas v. American Tobacco Co., 14 F. Supp. 2d 956 (E.D. Tex. 1997); Gaddy v. Blitz U.S.A., Inc., No. 2:09-CV-52, and McCune v. Graco Children’s Products, Inc., No. 5:09-CV-107; false claims actions such as Wright v. AGIP Petroleum Co., No. 5:03-CV-264; class actions such as In re Triton Limited Securities Litigation, 70 F. Supp. 2d 678 (E.D. Tex. 1999), McNamara v. Bre-X Minerals Ltd., 57 F. Supp. 2d 396 (E.D. Tex. 1999), and Dunbar v. Google Inc., No. 5:10-CV-194; copyright infringement actions such as Rally Concepts, LLC v. Republican National Committee, No. 5:05-CV-41; and antitrust cases such as Bell Atlantic Corp. v. AT&T Corp., 339 F.3d 294 (5th Cir. 2003), Z-Tel Communications, Inc. v. SBC Communications, Inc., 331 F. Supp. 2d 513 (E.D. Tex. 2004), and Retractable Technologies, Inc. v. Becton, Dickinson & Co., No. 2:08-CV-16. Judge Folsom also handled complex criminal matters, such as the bank fraud and bankruptcy fraud trial of United States v. Prince, Nos. 4:09-CR-161 and 4:10-CR-47.

Judge David Folsom also presided over numerous patent infringement trials, including Power Mosfet Techs., LLC v. Siemens AG, 378 F.3d 1396 (Fed. Cir. 2004); Paice LLC v. Toyota Motor Corp., 504 F.3d 1293 (Fed. Cir. 2007), TiVo, Inc. v. Echostar Communications Corp., 516 F.3d 1290 (Fed. Cir. 2008), epicRealm Licensing, LLC v. Autoflex Leasing, Inc., No. 5:07-CV-125, Pioneer Corp. v. Samsung SDI Co., No. 2:06-CV-384, Retractable Technologies, Inc. v. Becton Dickinson & Co., 653 F.3d 1296 (Fed. Cir. 2011), ION, Inc. v. Sercel, Inc., No. 5:06-CV-236, aff’d, 2012 WL 884868 (Fed. Cir. Feb. 17, 2012), and DataTreasury Corp. v. U.S. Bank, N.A., No. 2:06-CV-72.

During his tenure, Judge David Folsom served by designation on the Courts of Appeals for the Fifth Circuit and for the Federal Circuit. At the Federal Circuit in March 2010, Judge Folsom served on a panel with Chief Judge Paul R. Michel and Chief Judge Randall R. Rader, as well as on a panel with Judge William C. Bryson and Judge Kimberly A. Moore. Judge Folsom heard oral argument in notable appeals such as Dow Jones & Co., Inc. v. Ablaise Ltd., 606 F.3d 1338 (Fed. Cir. 2010), regarding subject matter jurisdiction in patent cases, and Wyeth Holdings v. Secretary of Health and Human Services, 603 F.3d 1291 (Fed. Cir. 2010), regarding patent term extensions.

Since his retirement from the bench, Judge Folsom has started a career in mediation and arbitration with a primary focus on mediating patent cases.