Yesterday I posted on a case where the defendants persuaded the court to conduct an expedited mini-Markman on three terms. That reminded me that several weeks back I posted briefly about Judge Gilstrap’s ruling in another case where he sua sponte set a mini-Markman on two terms and after construing them granted summary judgment as to thirteen defendants. I wanted to go back and analyze that order (attached) in more detail.
For defendants with potentially dispositive claim construction issues, an expedited “mini-Markman” with accompanying stay of discovery and other deadlines until after the court considers the disputed claim terms is the Holy Grail of procedural treasures. Yet another group of defendants successfully completed this crusade in the EDTX recently when, as the attached orders show, the court granted an expedited Markman hearing on three disputed claim terms, then stayed all other deadlines in the case until after the hearing.
Did you ever wonder what the test was for whether a preamble is limiting? Or what it takes for a patent claim to be invalid as indefinite? Well wonder no more, because the attached opinion
Most of my workshop projects don’t involve repetitive tasks. Whether it’s a ship, a plane, or a spacecraft – kitbashed or scratchbuilt, generally there isn’t a need to repeat a task precisely – each is slightly different. But sometimes you run into a situation where a special tool allows you to address a recurring issue more efficiently.
One of the effects of O2 Micro is that the raising new claim construction issues on the eve of a trial is unfortunately not terribly rare. But few cases present a situation like this one where a party’s rebuttal expert reports served on the eve of trial triggered a complaint that they raised eleven (11) new claim construction issues, as well as three other broader ones. In reading the latest opinionby Judge Love, I had this mental image of a pitcher throwing a dozen balls at the same, forcing the umpire to make a dozen calls simultaneously. In general, the motions in