New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Motion to Strike

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Court Extinguishes Parties’ Motions to Strike in LED Patent Dispute

Although motions to strike are generally difficult to win, when successful they can significantly dim the opposing party’s prospects for victory on particular claims or defenses.  In one recent patent infringement action out of Massachusetts, each party moved to strike certain elements of the other side’s pleadings–but the Court quickly snuffed out the dueling motions.… Continue Reading

Court Bounces Untimely Extrinsic Evidence in Claim Construction Phase

In order to carry out the “just, speedy, and inexpensive determination” of the cases before them, courts rely on scheduling orders to ensure that cases move forward in a timely and efficient manner.  In patent cases, where there are several complex phases—including claim construction and expert depositions—the deadlines set forth in the scheduling order must … Continue Reading
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