December Marshall Patent Status Conferences

Okay, this was technically not during yesterday’s scheduling conferences, but the courtroom was nearly as crowded. Some 39 lead cases involving 62 cases received Markman and trial settings at the bimonthly scheduling conferences yesterday. But attorneys were not required to appear wearing lights (which is a requirement for participating in the annual Christmas parade. At least if you want to win in your category).

Motion For Entry Of A Claim Focusing Order Denied

There’s no question that my Lexington is going to have flight deck striping – but it’s still to early to determine exactly what it’s going to be.  Similarly, Judge Gilstrap concluded that the request that he enter the court’s Model Patent Order at this time was premature, deciding that it would be better to wait till after the defendant serves its invalidity contentions with corresponding technical discovery. 

Attorneys Fees for Prevailing Defendant in Copyright Case

The prevailing defendant in this copyright case sought an award of fees under 17 U.S.C. § 505.  Judge Gilstrap’s opinion sorted through the claims and the parties’ alleged conduct in the case before finally determining the appropriateness of an award of fees, thus giving parties some guidance on when an award of fees in a copyright case is appropriate.

Motions to Dismiss Granted w/Leave to Replead; Motion to Transfer Denied

In this pair of opinions addressing motions by two defendants, Judge Gilstrap granted the motions to dismiss, but with leave to replead, denied a motion seeking to find the defendant’s US subsidiary a necessary party, and denied the motion to transfer.