Summary Judgment of Invalidity Granted
Judge Gilstrap accepted Magistrate Judge Payne’s report and recommendation and held certain claims of the patents ineligible under § 101. (Yes, the county commissioners think they’ve seceded again).
Marshall
What Doesn’t Support Attorneys Fees Under Section 285
Judge Gilstrap rejected the defendant’s request for fees following a dispositive claim construction ruling.
Order On Objections To Attorneys Fees Award
Judge Schroeder overruled the objections to Magistrate Judge Baxter’s fee award.
Marshall Patent Scheduling Conferences Show Changes in Filings/Scheduling
Today’s Marshall patent scheduling conferences had a couple of surprises for regular attendees.
Counterclaim Defendants Disqualified
Judge Payne granted the motion, and ordered that the individuals be screened off from certain communications with the plaintiffs.
Motion For Judgment On The Pleadings Recommended Denied
The subject of the motion was patentable subject matter under section 101.
Motion for Leave to Amend Contentions Denied
Plaintiff had asked to add products – the court found it hadn’t show diligence and the amendments would be highly prejudicial.
Motion for Partial Stay
Judge Gilstrap denied the motion for partial stay (one claim) pending IPR review.
Motion To Dismiss Infringement Claims
Judge Gilstrap declined to find at this stage that a prior Markman order precluded the claims in the current case.
Judge Gilstrap Adopts Standard Limine Rulings & Limits
In a sua sponte order, Judge Gilstrap revises limine practice.