It is not auspicious when a court writes: “The court notes that, from time to time, in contentious cases like this one, courts have ordered that the parties record – by video or court reporter – their Local Rule 37.2...more
The interplay between contentions and expert reports in a patent case always requires considered judgment. The common sense rule that an expert may “expand on” but not “deviate from” a party's contentions is easy to say but...more
Some respondents at the ITC have taken advantage of using infringement contentions as a procedural tool to deny patent owners from getting their day in court. In some investigations, respondents have gone so far as to delay...more
The Eastern District of Texas is known to be a hotbed for patent litigation filings, even after the Supreme Court’s TC Heartland decision. And within E.D. Texas, Judge Rodney Gilstrap has been the busiest sometimes presiding...more
It happens every day: one litigant serves discovery requests on another, asking the latter to “identify every fact” or “explain every basis” for the party’s legal contentions in a lawsuit. Usually, the response is standard:...more
Under the Federal Rules and parallel state rules, litigants may use what are called "contention interrogatories" to explore adversaries' factual support for their legal contentions. Courts normally regulate the timing of...more