Judge Sleet Denies Request to Reconsider Claim Construction

July 12, 2016

Publication| Intellectual Property

In NCR Corp. v. Documotion Research, Inc., C.A. No. 14-395-GMS (D. Del. June 16, 2016), Judge Sleet denied the defendant’s request to reconsider the construction of the term “single column” as having a plain and ordinary meaning, finding the request to be “an improper motion for reconsideration.” Voicing his concern with the defendant’s “lack of regard for the court’s local rules,” Judge Sleet explained that the purpose of a motion for reconsideration was to “correct manifest errors of law or fact or to present newly discovered evidence.” The defendants, however, failed to give the court any reason why it should reconsider its claim construction. Further, Judge Sleet found that while both parties can offer expert testimony regarding the plain meaning of “single column” at trial, the parties may not offer testimony that “contravenes the court’s claim construction.”

Analysis: This decision highlights the court’s general reluctance to reconsider previously issued decisions.

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