Friday, July 29, 2011

Three Month Stay to Facilitate Mediation Denied

The court denied plaintiff's motion to postpone trial for about 3 months and stay discovery to facilitate mediation. "This is one of many patent lawsuits filed in this court in which none of the parties have any genuine connection to this district or this state. Obviously, plaintiff’s decision to seek relief [here]. . . was motivated by the 'when' and 'how' of this court’s quick and strict procedures and policies for patent lawsuits. . . . The judges in this court have been trying patent lawsuits for decades and the consensus is that a three month delay to accommodate a settlement attempt usually ends up being just a three-month delay, with the added cost of a failed settlement attempt, thus frustrating Rule 1 on every level."

SanDisk Corp. v. Kingston Technology Co., Inc., et. al.
, 3-10-cv-00243 (WIWD July 26, 2011, Order) (Crocker, M.J.)

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