No Live Testimony
The Court told the parties it didn’t want live testimony at the Markman hearing in this case and on reconsideration confirmed that position.
Tyler
Mediation rules
Mediation isn’t as common as it was a year ago, but when it happens, here are the rules.
R&R recommending remand granted
In fairness, it was a joint request for remand based on insufficient $$$ in dispute, and the R&R wasn’t objected to, but still, a win’s a win.
Court Costs Granted in Part
You can’t always get what you want. But if you try sometimes, you just might find you get what you need.
Stays Pending Reexam & Discovery Conduct
The court stayed this Tyler patent case pending the outcome of IPR and ex parte reexams, but the fact pattern and the stay analysis is worth reviewing.
No Service Extension for You (But Let’s Talk)
Neither judge believed that the plaintiff showed good cause supporting a mandatory extension of the service deadline – but reserved judgment on whether a discretionary extension was warranted.
Summary judgment of noninfringement?
Around our house, T-Rex means the above logo on a t-shirt. Around the courthouse it means motions for summary judgment – but are they more like a T-Rex’s jaws, or its hands?
Patent, patent, who owns the patent?
This was a motion to dismiss for unenforceability and lack of standing, so if the effect of assignments are your thing, this is your lucky day.
Notices of Extension
The attached order from Judge Barker in Tyler provides some guidance on how not to extend dates under the specific provisions of a scheduling order in the Tyler Division.
How Can Infringement Claims Die? Let Me Count the Ways
With apologies to Elizabeth Barret Browning, let me count some of the very interesting ways this case tells us that infringement claims can be lost.