IP conference notes re: Judge ward, others:

The issue of the role of magistrate judges was discussed, as is the ED judges' impression of the patent rules. (Judge Ward told the story of how he came up with the patent rules - he went looking for the ND Cal rules after a hearing in a patent case in which the parties had not conferred before a Markman hearing and it turned out they agreed on all but one or two terms. He reiterated that patent cases need more structure than ordinary cases, and Judge Folsom agreed, indicating that he felt the rules made his job managing patent cases much easier than it had been before).
Judge Ward reiterated that lawyers in patent cases argue too much about things that he doesn't believe really matter. He also declined to identify any particular patent rules as generating controversy - when he's sanctioned people in patent cases it's because of basic just not wanting to turn stuff over, not patent rules. (Ed. note - learned that one way to get out of a trial setting with Judge Ward is to have a conflicting setting with Judge Lynn - she will call Judge Ward up and ask him to let the lawyer out so they can make her trial setting!) Judge Folsom agreed about conflicts and mentioned that he requires a meet and confer in personal with local counsel present, and that that seems to have reduced disputes. Judge Ward mentioned that he has started requiring meetings between lead lawyers (starting in products cases) when it is apparent that the parties aren't meeting adequately. He also indicated that he's serious about preserving a privilege if one is actually present - and that he handles his own htline calls - and there aren't many. Judge Lynn says she's heard some, but that they never sound as bad in the retelling - so make sure it's on video.
Bruce Sostek brought up Markman hearings, and Judge Ward reiterated that he lets parties use their time however they want, and if people want to waste their time calling experts, it's their time. He likes tutorials he can watch (over and over, if necessary) on his computer, as opposed to live ones. Judges Ward and Folsom both do not like lawyers reading their briefs - that qualifies as a burr under their respective saddles. The issue of limiting numbers of claims came up, and Judge Folsom noted that he's limiting plaintiffs to limit to about 50 claim initially and then to 10. He thinks he has solid authority on that from the Federal Circuit, but there's nothing equivalent on claim terms. On the claim limit, he said it's a result of endurance - no jury, judge, or staff can stand more than that. Judge Ward noted that he recently limited the number of claims shortly before trial - to seven he thought, in a case that settled before jury selection. "Simplify and teach" was Judge Folsom's suggestion for Markman presentation, and noted that the time limits were to get the lawyers to focus on the real issues. Judge Lynn thinks she needs more help understanding technical issues, and so she asks more questions and thinks she needs longer.
Bruce asked what advice the judges could give on summary judgments, and Judge Ward noted that he may get a stack of nine motions, instead of the rifle shot motion, and the scatter-shot approach isn't as effective.