Here's another interesting order from when we were out. In it, Judge Burke notes a new procedure where he hears oral argument on only six claim terms at the Markman hearing:
ORAL ORDER: The Court hereby ORDERS as follows with respect to the upcoming Markman hearing: (1) The Court will adopt the parties' prior proposal with respect to the length and order of argument. . . . (2) However, it has been the Court's recent practice to hear argument on only six terms/term sets ("terms"). So, by no later than August 11, 2023, the parties shall submit a joint letter telling the Court which terms will be taken on the papers and which six terms will be argued.; and (3) In the August 11, 2023 letter, the parties shall also tell the Court if there is joint agreement to hold the hearing via Microsoft Teams videoconference. If the parties are not in agreement, then the hearing will be held in person. Ordered by Judge Christopher J. Burke on 8/2/2023.
Satius Holding, Inc. v. Samsung Electronics Co., Ltd., C.A. No. 18-850-MN-CJB (D. Del. Aug. 2, 2023).
Note that this order does not say that parties can only brief six terms, just that the remainder will be heard on the papers only. Judge Burke has previously limited parties to seeking construction of 10 terms total.
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