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Message: PACER

I love this part:...

"The undersigned counsel represents it has been involved in a multitude of patent cases (representing both plaintiffs and defendants) involving multiple defendants and it has never seen a case schedule implemented under which Markman took place prior to discovery. The reason for this is because such an approach has inevitable case inefficiencies built into it, including the likely need for multiple Markman hearings."...

And this part:...

"In other words, the Defendants were unwilling to address the issues of Markman in the context of the proposed scheduling order, as required by the Federal Rules and Local Rules and, instead, Defendants would only agree to discuss limited Markman issues in a vacuum, and not in the context of an overall case schedule. Simply put, this approach makes no sense."...

And this part:...

"With the goal of avoiding discovery in mind, Defendants proposed that the parties complete Markman before any discovery is taken and, when e.Digital did not agree to this obviously one-sided approach, Defendants refused to engage in any further discussions. Defendants’ approach to the Markman process, however, makes no sense and is wasteful of judicial resources and the parties’ resources."...

The whole thing is a Masterpiece...

He calls it as it is; an attempt to avoid discovery, and a waste of judical and everyone else's time...

Gil...

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