Chief Judge Stark Adopts Single Claim Construction Brief Format
January 5, 2016
Publication| Intellectual Property
In Intellectual Ventures I LLC, et al. v. AT&T Mobility LLC, et al., C.A. No. 13-1668-LPS (D. Del. Dec. 11, 2015), Chief Judge Stark by oral order granted the parties’ joint request to file up to 60 pages of opening and responsive Markman briefs per side, for a total of 240 pages, due to the number of patents-in-suit (12) and claim terms to be construed (24). The Court denied, however, defendants’ request for an additional 50 total pages to address indefiniteness separately. Finally, Judge Stark ordered that the parties submit their briefs as a “Joint Claim Construction Brief”?a format typically required by Judge Andrews in this district.
Analysis: Chief Judge Stark may use Judge Andrews’ procedure of a final, joint Markman brief going forward.