Discovery Stay Pending Venue Ruling / Expedited Venue Discovery / Surreply Please?

Defendant asked for a stay of merits discovery, and the plaintiff asked for expedited venue discovery.  The court granted both, noting the likelihood of transfer and the minimal harm of delaying discovery.  But the venue discovery was limited to targeted interrogatories and limited request for documents.  The court also denied the request for a surreply on the motion to dismiss under the facts of the case.

Sua Sponte Stay Postverdict Pending PTAB Proceedings

U.S. District Courtroom – Marshall, Texas – Photo: Carol M. Highsmith 

Judge Gilstrap sua sponte stayed this case – now in the postverdict briefing stage – until the ultimate resolution of each of the re-examination proceedings, noting that all claims at issue in the case are covered by multiple grounds of review in the Patent Office, with some already finally rejected, and resolution expected as early as the spring of 2023. “This is a case specific determination by the Court,” Judge Gilstrap wrote, “and is limited to these particular facts and circumstances.”

Motion For Summary Judgment Granted In Part

This complex order addressed motions for complete and partial summary judgment, as well as a motion to partially stay the case and to strike portions of an expert’s opening report.  The case was stayed as to all the asserted claims of two of the patents, the motion to strike portions of the expert report was granted, and the motions for summary judgment were granted in part and denied in part.