DSS Inc (DSS)

[Chas1961]

Pacer Today:
Looks like the judge isn't letting defendants off the hook!

Defendants proposed schedule will cause unnecessary delay defendants’ proposed schedule is an attempt to vacate the claim construction hearing and delay this case indefinitely. The Court and the parties have already coordinated their schedules and set a date for the Markman hearing. There is no reason to vacate that date now and delay this case even further. Defendants suggest a schedule that delays the claim construction process until both sides are satisfied with the contentions of the other party. Not only is this scenario highly unlikely, it is against the spirit of the Patent Local Rules. In most patent cases, plaintiffs and defendants disagree regarding the sufficiency of the other’s contentions. If both parties had to agree that all contentions were sufficient before moving forward, no case would reach trial. Furthermore, the Patent Local Rules specifically contemplate amending contentions after claim construction. Thus, predicating the claim construction hearing on contentions, as Defendants suggest, is backwards. Accordingly, the claim construction process should move forward as scheduled while the parties resolve their discovery differences, which is the typical process in patent cases in this District.

And to think so many were worried when it was transferred.