Partial Dismissals
For some reason, documenting partial dismissals is not as simple as calling the other side up and saying “yeah, we’re dropping these claims/defenses”. Here’s a way it can be done.
Arcane Pleading Issues
Orders Memorializing Rulings
This order combined Judge Gilstrap’s rulings on several procedural motions in a patent case addressed at a recent hearing.
Amending The Complaint
Another case analyzing the requirements of Rule 16 and Rule 15 when a party seeks to amend after the deadline has run.
Leave to Amend Granted
This order addresses the amendment of pleadings, and the role that the ongoing pandemic can play.
Court Confronts Newly Raised Zombies
Not many courts begin orders with the sentence “[t]oday, the Court confronts two newly raised zombies …”
Leave to Amend to Add Willfulness Claims in a COVID World
Think we’re going to need that Halo for this one.
Early 101/FRCP 12(b)(6) Motion Practice
Defendants argued that the Plaintiff’s patent claims are invalid under 35 U.S.C. § 101 and that it failed to state a claim regarding its non-patent claims.
Answering After MTD Denial
Forgetting to answer after a motion to dismiss is denied is not good. But it may not be fatal, as this case shows.
Motion to Dismiss Based on Errors in Claim/No Induced Infringement
Kind of a two-fer here as far as bases for motions to dismiss. Well, really a three-fer if you want to get technical.
Dismissal, Not More Definite Statement
FRCP 12(b)(6) motions are sometimes joined with 12(e) requests for more information. This order granted or denied the former – no repleading required.