Summary Judgment Motions Galore
Like the expert orders, the USAA case required several pretrial rulings on dispositive issues.
Judge Roy S. Payne (USMJ)
Experts
It took five orders to sort out the objections to experts in this case. (More may have fallen behind the refrigerator and I’m not getting them out if they did – three is plenty).
Summary Judgment on 101
But not the direction you’re thinking.
Pretrial Motions Recommended Granted In Part
A partial grant of part of the partial summary judgment motions, and a partial strike of an expert report.
Motion To Exclude Expert’s Opinions Regarding Noninfringing Alternatives
The question was whether the defendant’s experts could express opinions regarding noninfringing alternatives.
Motion To Strike Expert Denied
The issue here is whether the expert’s report would be stricken based on alleged reliance on undisclosed source code.
Motion To Transfer To California Denied
The court noted that neither company had any presence in California.
Motion To Sever Patent Infringement Counterclaim
The court previously deferred the issue of whether to sever the counterclaim before deciding that severance was warranted.
You’re not plain, ordinary or limit … are you listening to me?
Sounds like good advice for a teenager, but in this case it was in the form of claim constructions.
Alternative Service – Marshall Style
Judge Payne granted the motions, which permitted service by electronic mail and FedEx, respectively