Joinder Under Section 299 & Service
At issue here was whether the defendant had been properly served, but more importantly, were they a proper defendant under 35 U.S.C. § 299?
Judge Roy S. Payne (USMJ)
Partial Summary Judgment of Noninfringement Recommended Granted
Judge Payne saw no factual dispute after the claims were construed.
Patentably Distinct and On Being Unhelpful
In Waco for a hearing this morning, but it’s a Marshall case that’s caught my attention. Did you know there’s a trolley here now?
What does three up and three down mean to you?
No, not the end of an inning. The end of a motion to strike parts of an expert’s report, of course.
Summary Judgment of Noninfringement
Defendant sought – and got – a recommendation that summary judgment of noninfringement be granted following the Markman hearing.
Three-peat (and Standing)
To celebrate our three-peat as Marshall-Harrison County Literacy Council spelling bee champs this afternoon on behalf of the Marshall Chamber of Commerce, let’s look at an order involving a plaintiff whose name I can’t spell.
Post-Deposition Expert Declarations
Expert witnesses deposed, after which they execute additional declarations. Can the declarations be stricken or the witnesses
Expert reports struck in part
Portions of the defendant’s damages and invalidity experts’ reports were ordered struck in this case, providing a good look at what is a bridge too far for an expert.
Trial Etiquette, a.k.a Limine Orders
Limine orders are in some ways the equivalent of etiquette guides for trials. So let’s see which fork the parties either agreed, or the Court concluded should be used with this particular course.
Pre-suit damages, reply briefs and “bucketing”
Defendants sought summary judgment on pre-suit damages, and got an analysis regarding “bucketing” and some comments on the advisability of changing quotes.