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False Start on Motion for Summary Judgment of Indefiniteness

By Michael C. Smith

Konami Digital Entertainment Co, Ltd. et al v. Harmonix Music Systems, Inc. et al, No. 6:08cv00286 (E.D. Tex. Dec. 14, 2009)TXED

Judge: John Love

Holding: Motion to Strike Motion for Partial Summary Judgment of Indefiniteness DENIED

Well, it's really offsetting penalties, not just a false start, and Flozell Adams isn't even to blame.

Judge Love denied the plaintiff's motion to strike defendant's motion for summary judgment of indefiniteness on the basis defendant failed to adequately disclose its invalidity positions in its P.R. 3-3 contentions.  He found that the plaintiff faced prejudice because of the defendant's delay in providing complete invalidity contentions, since it appeared that there had previously been an agreement of some sort that indefiniteness would not be asserted, and the plaintiff seemed to have been caught short when that situation changed.  Accordingly, the Court directed the parties to go back, provide complete proposed definitions (including amending infringement contentions narrowly if necessary), and determine whether there was still an indefiniteness issue.  If there was, let the Court know and he'd address the summary judgment motion at that time, using an expedited schedule set forth in the order, which required briefing to be completed by January 22.

Replay the down..

from Docket Navigator.

Full post as published by Eastern District of Texas Federal Court Practice on December 16, 2009 (boomark / email).