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.
This order combined Judge Gilstrap’s rulings on several procedural motions in a patent case addressed at a recent hearing.
Another case analyzing the requirements of Rule 16 and Rule 15 when a party seeks to amend after the deadline has run.
This order addresses the amendment of pleadings, and the role that the ongoing pandemic can play.
Not many courts begin orders with the sentence “[t]oday, the Court confronts two newly raised zombies …”
Think we’re going to need that Halo for this one.
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.
Forgetting to answer after a motion to dismiss is denied is not good. But it may not be fatal, as this case shows.
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.
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.