Intellectual Property - Timing of Claim Construction Rulings

March 25, 2010

Judge Robinson Construes Claims Approximately Three Months After Markman Hearing

In Boston Scientific Corporation, et al. v. Johnson & Johnson, Inc., et al., C.A. Nos. 07-333-SLR, 07-348-SLR, 07-409-SLR, 07-765-SLR (D. Del. Jan. 20, 2010), Judge Robinson issued a memorandum order construing the disputed claims for four patents-in-suit nearly three months after a combined Markman hearing and oral argument on the parties’ summary judgment motions.The memorandum order issued on the day the pre-trial conference was scheduled to be held, after the parties’ pre-trial submissions were complete, and two weeks before trial was scheduled to commence.

Judge Farnan Construes Claims Eighteen Months After Markman Hearing

In Flash Seats, LLC v. Paciolan, Inc., C.A. No. 07-575-JJF (D. Del. Jan. 19, 2010), Judge Farnan issued his claim construction opinion 18 months after the Markman hearing.No trial date was scheduled at the time.

Magistrate Judge Thynge Construes Claims Nearly One Month After Markman Hearing

In Innovative Patents, L.L.C. v. Brain-Pad, Inc., C.A. No. 07-680-MPT (D. Del. Jan. 13, 2010), Magistrate Judge Thynge issued the Court’s claim construction nearly one month after the Markman hearing.Notably, for each claim term, the Court declined to adopt the parties’ proposed construction and instead adopted its own meaning. A pre-trial conference is scheduled for May 3, 2010.

Magistrate Judge Stark Issues Report and Recommendation Regarding Claim Construction Three Months After Markman Hearing

In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 08-309-JJF-LPS (D. Del. Dec. 18, 2009), Magistrate Judge Stark issued his report and recommendation regarding claim construction three months after the Markman hearing.Trial is scheduled for October 4, 2010.

Judge Farnan Construes Claims Three Months After Markman Hearing

In ICU Medical, Inc. v. Rymed Technologies, Inc., C.A. No. 07-468-JJF (D. Del. Dec. 3, 2009), Judge Farnan issued his claim construction opinion three months after the Markman hearing and approximately six weeks before the scheduled trial.

Magistrate Judge Stark Issues Report and Recommendation Regarding Claim Construction Two Months After Markman Hearing

In St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electronic Industrial Co., Ltd., et al., C.A. No. 04-1436-JJF-LPS (D. Del. Nov. 13, 2009), Magistrate Judge Stark issued the Court’s recommendation regarding claim construction two months after the Markman hearing.Trial is scheduled for December 6, 2010.