Thursday, January 19, 2012

Judge Davis Rejects Proposal for Early "Mini-Markman"

The court denied defendants' motion for a mini-Markman hearing and summary judgment schedule in a large, multi-defendant case. "Given the developments in this case since the [case-management conference 7 months ago], an early Markman hearing is not necessary to promote efficient and timely resolution of the case. First, the early mediation appears to have been successful because many of the original 124 defendants have now been eliminated from the case. . . . Second, the five moving defendants seek construction of a representative set of nine terms. . . . Nine terms is a full Markman, not a mini-Markman."

WordCheck Tech, LLC v. Alt-N Technologies, Ltd., et. al., 6-10-cv-00457 (TXED January 11, 2012, Order) (Davis, J.)

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