The most recent batch of bimonthly patent case scheduling conferences was last Tuesday in Marshall, and as usual I have a brief rundown of the results.
They’re not JMOLs, but motions for entry of judgment can also provide useful insight into common issues in trial that can be of interest, as was in this case of equine romance gone bad in the form of the heartbreak of HERDA.
This is a false advertising case dealing with orthodontics implants. The defendant sought summary judgment that because the device was FDA compliant, the false advertising claim was not maintainable. As set forth in the analysis below, Judge Mazzant denied the motion.
This is a patent infringement case filed last fall. By February of this year, only one defendant was left. That defendant challenged venue in its answer, and five days after the scheduling conference TC Heartland came out. The remaining defendant filed a motion to dismiss for improper venue shortly afterwards. Judge Love’s opinion granting the motion addresses a the proffered waiver argument, as well as the plaintiff’s claim that the motion should be denied because multidistrict litigation was “imminent.”
Earlier this year a Marshall jury in visiting CAFC Judge Bill Bryson’s court rendered a $20 million verdict in favor of the plaintiff against defendant Eli Lilly. Several weeks ago Judge Bryson followed up with an order explaining his reasons for several decisions during trial.
Judge Bryson’s order is an example of what I referred to in my talk about JMOLs week before last at Horseshoe Bay as a “whale fall” – the sort of order that can take weeks to fully digest, but if you’re interested in the subject of getting a JMOL on a plaintiff’s claims of willful infringement or on when certain jury instructions are appropriate or how prejudgment interest is calculated it’s worth it.
Our story begins with the defense counsel rising at trial to assert a JMOL as to the plaintiff’s claim of willful infringement…
Pete Peterson has kicked us off at the Advanced Patent seminar with his Federal Circuit and PTAB update. Next up is Michael Hawes on venue scope after TC Heartland. Lots of great topics today, concluding with litigation tactics at 4, and boat cruise at 5. Update: enjoyed presentations on international enforcement, and discovery strategies, and right now DJ Healey is scaring the hell out of me about patent pools in the context of antitrust law intersecting with patent law. Next up is navigating state fraudulent demand letter laws, and trial strategies and litigation tactics, after which we go get on a boat for a reception/cruise. Meanwhile, C&P better be reading their books for school, and not hanging out at the resort arcade…