Magistrate Judge Burke Imposes Deadlines to Narrow Asserted Claims and Invalidity References

October 5, 2016

Publication| Intellectual Property

In Integra LifeSciences Corp. et al., v. HyperBranch Medical Technology, Inc., C.A. No. 15-819-LPS-CJB (D. Del. Sept. 2, 2016), Magistrate Judge Burke imposed deadlines on both parties to narrow their respective lists of asserted claims and invalidity references. On the same day he entered the scheduling order, Judge Burke entered an order requiring the plaintiffs to narrow the number of asserted claims (from their previously served infringement contentions) to no more than 36 claims over the four patents-in-suit by September 30, 2016 (the same date that the plaintiffs were required to produce their initial claim chart that compares each known accused product to the asserted claims). The Court also required the defendant to narrow its invalidity references to no more than 48 for anticipation and/or obviousness by December 18, 2016 (six weeks after the defendant is expected to serve its initial invalidity contentions and two days after the deadline for substantial document production).

Key Points:  As part of case management, Delaware judges frequently require parties to narrow the number of asserted claims and invalidity references.

  • sign up for our newsletter

    To keep our clients and friends updated on the latest legal news, Richards Layton distributes practice area e-alerts and newsletters. If you are interested in receiving these publications, please subscribe below.