As chronicled in this very publication, for the last year or so, Judge Noreika has consistently declined to construe more than 10 terms at Markman.
An Unwritten Rule
This practice, however, has not been memorialized in Judge Noreika's form scheduling order, standing orders, or preferences and procedures. This leads to the question of whether the limit still holds when Judge Noreika refers claim construction to a magistrate.
Having just received our first data point, the answer appears to be "yes."
Judge Burke Limits Construction to 10 Terms
In March, Judge Noreika referred "all pretrial matters" in Commvault Sys., Inc. v. Rubrik, Inc., C.A. No. 20-524-MN-CJB, D.I. 55 (D. Del Mar. 5, …
