On the substance, the Judge noted that he went in the direction of the plaintiff to the extent the defendant was arguing the limitations were means-plus-function or that the claims were indefinite. if arguments had not been argued before, unless you show some prejudice such as not enough time to respond, I’ll allow it.” In this particular hearing, where it looked like the parties might reach agreement on an issue, the Judge was amenable to giving the parties more time to reach agreement, and indeed was open to a second Markman day should the parties need it.
Judge Albright noted, “I’m pretty soft-touch when people amend or change arguments. When one party raised a tweak to one of the constructions to which the other side objected, the Judge made clear that even if an argument had not previously been raised, he is going to do all he can to come up with the right constructions. Though the Judge permitted the parties to make whatever arguments they wanted to make, and to speak on the record for as long as they wished, he signaled that the best use of the parties’ time was not to rehash arguments the court had already considered. Judge Albright made clear at the outset of the hearing that not only had he studied the parties’ positions and tutorials but that two of his law clerks (one who has a PhD in electrical engineering) had done so as well. He noted: “It is frustrating to me if someone makes an argument and the other side says I would have agreed to that.” It also allows the parties to focus their arguments on how the court might be able to improve its constructions. the night before the hearing.) The additional time allows parties to meet and confer and reach resolution on claim constructions or to otherwise narrow their disputes. (This is a change from the Judge’s original practice of providing preliminary constructions by 5 p.m. The Judge followed his current practice of providing the parties with preliminary constructions two to three days in advance of the hearing. A number of us from Winston attended, as did a couple dozen others. Announcing the Markman hearing in advance to his Advisory Committee and providing dial-in information for the same, the Judge allowed the public to join the call. In his ongoing effort to provide more transparency into his decision-making, Judge Albright opened the virtual doors to his “courtroom” on Wednesday (April 22, 2020) for the Markman hearing in Slyce Acquisition Inc. International Trade, Customs & Export Controls.Environmental & Energy Compliance & Counseling.Aviation Structured Finance & Securitization.Technology, New Media & Telecommunications Health Care Litigation & Investigations.Health Care Employee Benefits & Executive Compensation.Energy & Infrastructure - Other Infrastructure.Oil & Gas - Oilfield Services & Equipment.White Collar, Regulatory Defense & Investigations.Government Program Fraud, False Claims Act, and Qui Tam Litigation.
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