Rule 11 No Substitute for Summary Judgment

The court denied without prejudice defendant's motion for Rule 11 sanctions. "[I]t is apparent that the Court would, in fact, need 'to get mired in a conflict over terms' to decide the present motion, which turns on, inter alia, the proper meaning of terms (i.e. 'auxiliary device' and/or 'device presence signal') as well as the scope of the prior art. . . . Distilled to its essence, Defendants' argument is that Rule 11 sanctions are appropriate because Plaintiffs' infringement claims fail on the merits. Recognizing same, the Court finds the present motion to be a transparent effort to secure summary judgment, in the guise of Rule 11 sanctions. . . . A Rule 11 motion for sanctions is not an appropriate substitute for summary judgment proceedings. . . ."

Marlowe Patent Holdings LLC v. Ford Motor Company, 3-11-cv-07044 (NJD December 5, 2013, Order) (Sheridan, J.)