Juxtacomm-Texas Software, LLC v. Axway, et al., 6:10cv011 (7/5/12)
Judge: Leonard Davis
Holding: Motion for Summary Judgment of Invalidity GRANTED
Following the Court's Markman opinion last December, it became clear that the Plaintiff intended to amend its contentions pursuant to P.R. 3-6(a)(1) based on the Markman ruling. Because trial was only a few weeks away, Judge Davis stayed the case and vacated the trial date for approximately two months to allow the parties to amend their contentions, prepare expert reports, and attend mediation. After that didn't work out, the Court held a status conference, set a new trial date, and ordered defendant Pervasive Software to file a motion on a discrete issue of invalidity that was addressed only "cursorily" in its October 2011 summary judgment motion asserting noninfringement.
Following a hearing, Judge Davis granted the motion for summary judgment under 35 U.S.C. section 112 par. 2, and observed in a footnote that even if he had not reached this conclusion, he would have found it "exceedingly difficult" to preserve the validity of the patent under 112 par. 1.