Tuesday, August 2, 2011

Judge Crabb Discontinues "Stand-Alone" Claims Construction Hearings

"For reasons that are irrelevant to this order and not subject to input from counsel, the Honorable Barbara B. Crabb, District Judge, has changed her procedures for construing claims and deciding summary judgment motions in patent lawsuits. . . . The court will not hold a stand-alone claims construction hearing and shall not issue an order construing claims. Instead, if any party wants the court to construe a claim, it must make that request and offer its proposed construction in its motion for summary judgment and supporting documents. . . . The sixteen-claim limit on construction no longer applies because the court expects that its new combined procedure will result in more tightly focused construction requests."

Dashwire, Inc. v. Synchronoss Technologies, Inc., 3-11-cv-00257 (WIWD July 29, 2011, Order) (Crocker, M.J.)

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