The issue of when initial disclosures – not patent rule disclosures, but the Rule 26(a)(1)-ish ones which include lists of persons with knowledge – can be supplemented is one that doesn’t come up often. And a request that issues be sequenced at trial is even rarer. This order resolving requests for both is of interest to practitioners, since while these requests don’t come up often, they’re of great interest when they do.
We have two months and some change of patent filings in 2018, and I wanted to see how they compare with last fall’s after TC Heartland. There were some interesting trends earlier in the year that have begun to solidify somewhat.
Federal district courts have a practice of issuing what are referred to as “General Orders”, and I wanted to take a few minutes to discuss what those orders cover, as well as mention a recent one regarding courthouse security that takes effect in coming weeks.
Well, it’s certainly both an enhanced and exceptional day for me, as Paul Allen’s team located the wreck of the carrier Lexington in the Coral Sea, 76 years after it sank, along with – to date – 11 of the 35 aircraft it had on board when it went down.
Yes, I’m the crazy uncle that makes handcrafted wood Lexington toys for his cousins’ kids – as well as the occasional plastic model of one – but you know, every family has one of those, doesn’t it? So today, the Lexington comes with me to the office to celebrate.
Also celebrating this morning is plaintiff Eidos Display, which, following a lengthy campaign, won a 2x enhancement of its recent $4.1 million jury verdict against competitor Chi Mei Innolux. Like the Battle of the Coral Sea both sides won something, with Innolux defeating Eidos’ request for attorneys fees under Section 285. So let’s analyze what happened, note some significant comments in the opinion, and say hello to LBJ, Mr. Sam, and some East Texas lawyer sayings along the way.
Here’s one for everyone’s form files. Swinger NoticeofAppeal