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..
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