Roy S. Payne

As good a magistrate judge as I've ever practiced before. Probably as good a judge PERIOD as I've practiced before. Knows the law, and if he doesn't, he'll learn it. Incredibly patient. Very slow to anger or become annoyed. And invariably civil. Don't ever assume he's not as smart as any big city judge. Or any Ivy League pedigreed judge. He's actually practiced law and tried real lawsuit. He's not stranger to real trials or to litigation -- two entirely different animals. Like all E.D. Tex. judges in Marshall, Tyler, or Texarkana he works very hard, really brutal hours. It is a huge civil docket with an incredible volume of very complex civil litigation. But he will know the law. He will know the technology of your patent. And what he doesn't know, he will very quickly learn.

Judge Payne is smart and experienced. He's especially well-versed in the rules of evidence and the Federal Rules of Civil Procedure. I don't think I've ever met someone who knows these subjects as well as he does. He is also knowledgeable about patent law. I have seen statistics indicating that he construes more patent claims annually than any other federal judge. He is exceptionally patient with attorneys and his courtroom demeanor is somewhat laid-back. However, he is responsive to objections at trial and will grant them if meritorious. I have never seen him show any bias or favoritism. I think the comment claiming he "see[s] color first before the pleadings" is simply wrong.

Judge Roy Payne is a great judge. I agree, that is if you happened to be a white attorney. Payne is from the Louisiana side of the border. He is a sarcastic blue blooded racist. He don't like intelligent nonwhites in his court even if they may know the law as well as a law professor. So those who have said he is fair, has to be white, and an attorney. He see color first before the pleadings.

As good a magistrate judge as I've ever appeared in front of in over 30 years. Very bright. Handles a huge docket, including hundreds of patent cases. But as nice a guy as you'd hope to meet. If the parties treat him well, he's a prince of a guy. But he can be tough if they deserve it.

A great magistrate!