On Monday, Judge Connolly issued a Memorandum Order squarely rejecting the notion that requiring a patentee to drop asserted claims for case management purposes violates due process.
Claim narrowing is one of those issues in patent law that is frequently litigated, but rarely produces a full opinion. Often, a plaintiff asserts a monstrously large number of claims, the defendant then complains that a trial on 396 claims is impossible, and the plaintiff notes that requiring them to drop the claims implicates due process. Then, everything is teed up for a discovery dispute resulting in a brief oral order narrowing the case without significant analysis.
The dispute in VLSI Technology LLC v. Intel Corporation …
