Federal Judiciary

Trial begins in CSIRO v. Buffalo, et al.

By Michael C. Smith

A jury was empaneled last week in Commonwealth Scientific and Industrial Research Organisation v. Buffalo Technology (USA), Inc et al  6:06-cv-324 in Judge Davis' court in Tyler, and after a flurry of pretrial activity, evidence was set to start today. 
The activity last week consisted of various motions to delay the start of trial (or to reconsider) following an additional claim construction order issued a week earlier.  Late last week Judge Davis conducted a hearing on these issues and denied them.  This morning an order was entered dismissing the plaintiff's claims against defendant Microsoft, as a result of settlement, and another order was entered reducing the time for trial to 16 hours per side as a result of a stipulation of infringement by the defendants, and the resulting reduction in the parties' time estimates of 30% (plaintiff) and 41% (defendants).

Full post as published by Eastern District of Texas Federal Court Practice on April 13, 2009 (boomark / email).