Here We Go – Request for Mandamus Staying Trial Denied

Well, you won’t be hearing that at AT&T Stadium anytime soon, but you will in Marshall as the Federal Circuit denied Micron’s request to stay the trial of Netlist’s claims against it, set to start later this month, based on proceedings at the PTAB. It wasn’t happy that the district court had not ruled on the stay motion, it was also not best pleased that Micron waited until three weeks before trial to seek review.

Bench Trial Recommended on Equitable Defense Before Jury Trial

Hard facts may make bad law, but unusual facts make interesting opinions. That’s a reasonable take after reviewing Judge Payne’s report and recommendations to Judge Gilstrap that the defendant’s equitable defense of unclean hands be tried to the bench before allowing the plaintiff to proceed to a jury trial on the patent infringement claims – currently scheduled for January 19.

Entropic? Summary Judgment Grants and Denials in Marshall


Probably in the eye of the beholder whether these rulings were a positive development, but they definitely decreased entropy in this case brought by Entropic Communications. Judge Payne (1) granted the plaintiff’s motion for summary judgment of no invalidity as to certain prior art defenses (which just FYI isn’t the same thing as a judgment of “validity”); (2) granted the plaintiff’s motion for summary judgment as to the defendant’s Section 101 defense; and (3) denied the defendant’s motion for summary judgment of invalidity.


Party Ordered to Attend Trial


Everything is filed under seal, so all we know for certain is that (1) the plaintiff officer / counterclaim defendant didn’t show for the hearing on the motion for sanctions last week; and (2) Judge Payne has now required him to attend trial next month or face contempt or other sanctions. But I can add a little to the barebones order that issued Sunday – media reports that it’s unclear what the sanctions request was based on just means they didn’t know where to look.  It appears it won’t be a dull day in Marshall.