Thursday, August 25, 2011

Defendants in Multi-Defendant Case Invited to Initiate Pre-Markman Case Dispositive Claim Construction Process

The court invited defendants to participate in a pre-Markman hearing case dispositive claim construction process. "One of the Court’s goals is, as much as possible, to decrease litigation costs for the parties. To that end, and to sharpen the Court’s focus on the dispositive or most important issues, the Court will permit Defendant to submit, if desired, a request to construe no more than three 'case dispositive' claim terms in a letter brief. The letter brief shall explain the Defendant’s proposed constructions of the term(s) and why such a construction will dispose of the case. . . . Parties should note that there is no need for experts during this stage of the litigation. The goal here is to determine whether the case can be resolved without the need of extensive expert involvement. . . . After the briefing period has concluded, the Court will then hold an early Markman hearing on the identified case dispositive terms. If the case is not resolved following the Court’s claim construction summary judgment rulings, a Markman hearing, as set forth in the Docket Control Order or at the patent status conference, will occur as scheduled."

Global Sessions LP v. LP, et. al., 6-10-cv-00671 (TXED August 18, 2011, Order) (Love, M.J.)

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