Thursday, March 19, 2009

Motion to Limit the Number of Claims Asserted Prior to the Close of Discovery and Claim Construction Denied as Premature

Defendant's motion to limit the number of asserted claims was denied as premature. "While it is undisputed that a district court has the authority to manage its docket . . . the Federal Circuit has not directly addressed the issues surrounding when and how a district court may limit the asserted claims in a patent case. . . . To arbitrarily limit the number of claims that Plaintiff may assert at this point -- long before discovery has closed -- will result in prejudice to Plaintiff. Further, such a limitation so close to the Markman hearing will not help the parties, nor the Court, prepare for the upcoming hearing. . . . Moving forward after the Markman hearing, the Court would prefer the parties to address the issue of limiting claims among themselves and come to an agreement regarding a manageable number of claims to move forward on after the close of discovery. Should the parties fail to agree, the Court will consider competing proposals."

Real Time Data, LLC v. Packeteer, Inc., 6-08-cv-00144 (EDTX March 16, 2009, Memorandum Opinion & Order).

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