Motion For Additional Discovery Denied

This discovery order doesn’t contain the court’s reasoning, but the order is worth reading anyway because the parties present such diametrically opposed positions on whether discovery should be reopened on an issue, and the court clearly felt that under the facts presented it should not be – which included a broader context for the scheduling issues presented in the case.

Motion To Dismiss Waco Division Patent Infringement Claims Under Section 101 Granted

allocation” in order to keep plaintiffs from filing in single-judge divisions.  The random assignment of all civil cases across the Northern District “would present logistical challenges” Judge Godbey continued, because of the huge geographic size of the district, which encompasses more than 96,000 square miles.  Any reconsideration of case allocation must also consider the “convenience of the jurors, witnesses, parties and attorneys,” the travel burden on court personnel and “the desire of communities to have local judges.”

Apparently undeterred by said considerations, the chief judges of the smaller Western District of Texas (only 93,000 square miles) have assigned most of its judges south of Dallas and east of Houston a 1/12 interest, more or less, in the Waco patent docket, which meant that this Waco Division case was assigned to Judge Xavier Rodriguez of San Antonio, who last week granted a motion to dismiss the plaintiff’s claims as unpatentable subject matter.