A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Clarification

Neither fish, nor fowl, the motion for clarification is often a cursed thing - struggling to find succor in a world that does not want it to exist.

(Like lawyers, amirite?)

BA-DUM-TSHHHHH
BA-DUM-TSHHHHH Ben Tofan, Unsplash

Unlike motions for reconsideration (or reargument, as we call them in Delaware), the local rules do not provide any particular guidance on what such a motion should like like, or the standard that needs to be met. I've often seen them criticized as essentially stealth motions for reconsideration designed to circumvent the rigid requirements of such a motion.

I've never done a full analysis of the likelihood of such a motion being granted (hope for a slow news day next week) but my guess …