Findings and Conclusions on Section 101 Defense

A Lamkin next to a big old hairy Section 101 motion for summary judgment

Section 101 defenses of claims of lack of patentable subject matter can come up all many stages of the case – they can be the first rabbit out of the hat after a case is filed (a draft motion served before an answer is referred to as a Lamkin), during the pretrial phase of a case as a motion to dismiss, for judgment on the pleadings or for summary judgment, at trial (according to the CAFC) or even after trial.  That was how it came up in the attached case, where it was resolved by findings and conclusions after a trial on the merits of the infringement and invalidity claims.

Section 101 defense raised after trial

 

Withdrawing Deemed Admissions

Some afternoons it’s not the weather than sends chills down your spine but the thought that you could have been in a party’s position in a case you’re reading.  In the attached, Judge Mazzant denied a party’s motion to withdraw a party’s motion to withdraw and amend deemed admissions.  The order provides a useful guide on what facts are important when you find yourself in a similar situation.  Or, let’s be clear here – how not to respond to discovery requests.

February 2 Marshall/Tyler Patent Scheduling Conferences & Larger Filing Trends

The most recent batch of bimonthly patent case scheduling conferences was held earlier this week in Marshall, and as usual I have a brief rundown of the results compared to the last conference at the end of November, as well as the ones in September and July for longer term trends.
I am also comparing the results to the cases heard a year ago, since that tells us a lot about filings trends and how they’re affecting the docket.  The trend also bears some relating to recent data from other sources that I thought might be of interest.

Standards for Motions to Vacate Entry of Default and Default Judgment

Last month I mentioned a law professor of mine telling me that the thing that lawyers are most interested in learning about federal court is how to get out, hence the interest in standards for removal and remand.  It turns out that’s not exactly true – they are actually even more interested in the standards for setting aside default judgments (which includes the subsidiary issue of setting aside the clerk’s entry of default. This case by Judge Mazzant is not the freshest egg in the drawer, but Westlaw apparently just decided that it needed publishing, and after all, ten months is not such a long time.  So here are the standards you need if you find yourself in this very uncomfortable situation.