Tuesday, March 18, 2014

No Intervention to Address Claim Construction

The magistrate judge recommended denying a motion by plaintiff's competitor to intervene and participate in claim construction. "While it is true that [movant] . . . has been sued by [plaintiff in another action], and that action involves three of the same patents implicated in this action, any ruling by the court in this matter concerning claim construction will not be binding in that case. . . . If intervention were permitted under such circumstances, it seems likely that the courts would be inundated with requests by accused infringers, or even potentially those fearing infringement litigation, to be heard regarding the question of claim construction. To permit such a practice would wreak havoc on the courts and further complicate already expensive and complex patent infringement litigation."

John Mezzalingua Associates, Inc. v. Corning Gilbert, Inc., 5-12-cv-00911 (NYND March 14, 2014, Order) (Peebles, M.J.)

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