As we've previously noted, Judges Connolly, Noreika and Hall all require parties to submit statements of material facts with any summary judgment motions. We've also noted the dangers of listing unnecessary "material facts." A new decision from Judge Connolly, however, suggests that a barebones statement of facts can be just as dangerous.
Motion for Summary Judgment Denied For Discussing Material Fact Not Included In Concise Statement
The defendants in Amgen Inc. vs. Hospira, Inc., C.A. No. 18-1064-CFC, moved for summary judgment of non-infringement, and submitted an accompanying statement facts as required by Judge Connolly. See id., D.I. 205, 207. The thrust of their argument was that the process for making their product included an "intervening …
