Ruling on the defendant’s objections to the magistrate judge’s order denying its motion to disqualify plaintiff’s counsel, Judge Schroeder noted that while the facts indicate an obvious conflict of interest, the defendant specifically waived most of the conflicts.
The procedural context is confused, but the ruling is not. Judge Schroeder ordered that any prior art not included in the defendant’s preliminary election of prior art would be excluded from the final election of prior art in this case.
The plaintiff asserted several objections to Magistrate Judge Baxter’s award of fees, none of which Judge Schroeder agreed with. Specifically,
- yes it can be a report and recommendation,
- yes, you waived your objections to the court’s claim construction rulings,
- yes, you should have known your infringement theories were unsupported when the summary judgment report came out in the companion case, and
- yes, the case is “exceptional” – you continued to pursue theories that you knew or should have known were baseless, filed meritless motions, and argued positions that had already been rejected.
Things change. Wonder if these did recently as well.
These orders are always worth studying.
This order gets into the weeds on copyright in this case involving a comic book storyline alleged to be copied by “The Umbrella Academy”.
Judge Schroeder denied the motion, finding that the allegations raised factual disputes, noting that claim construction had taken place yet.
The issue was whether the plaintiff would be required to supplement its infringement contentions.
You don’t often see FRCP 68 used to terminate a patent case.
We haven’t got Judge Craven much longer. So we need to enjoy her rulings while we still can.