I'm going in to trial soon so today's post will be light on jokes. Just the facts.
Anyway, today is a callback to what is probably the most informative post I ever wrote: who is deciding indefiniteness at Markman?
(Eds. note: not the most informative post on the blog, just the most informative one Nate wrote)
(Other eds. note: rude.)
(Same eds. note: OK, 1 joke.)
You're probably aware that we've got a new judge in town. Just yesterday she issued an order cancelling a Markman hearing where the only issues raised in the joint claim construction chart was indefiniteness (although a few had alternative constructions proposed):
The Motions for Claim Construction are DENIED. The Court will hear the indefinite defense(s) at the bench trial. The Markman Hearing scheduled for August 13, 2024 is CANCELLED.
Ingenus Pharms., LLC v. Accord Healthcare, Inc., C.A. No. 23-337-JLH, D.I. 37 (D. Del. Feb. 28, 2024) (oral order).
It should be noted that this result may be affected by the fact that this is a bench trial - although none of our other judges make a distinction between bench and jury trials in this arena. But for now, let the headlines fly, no indefiniteness at Markman with Judge Hall.
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