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Judge Robinson sua sponte issues stay pending early valuation of the case through ADR

Judge Sue L. Robinson recently issued an order denying defendants’ pending motions to transfer and amend its answer and staying the case pending “an early valuation of the case[.]” Acronis Int’l GmbH v. Symantec Corp., C.A. No. 12-372-SLR (D. Del. Aug. 20, 2012). Id. at 1. After briefing and oral argument on the pending motions, Judge Robinson noted that the “parties have as much a business dispute as a legal dispute[,]” and that an early valuation of the case “may encourage the resolution of the parties’ dispute without incurring the costs and other burdens associated with a more traditional approach to patent litigation[.]” Id. Therefore, Judge Robinson ordered that by the end of October the parties must complete “focused damages discovery,” and she referred the case to Magistrate Judge Thynge “for purposes of managing damages discovery and conducting ADR during this preliminary stage of the proceedings.” Id. at 2.


Acronis Int’l GmbH v. Symantec Corp., C.A. No. 12-372-SLR (D. Del. Aug. 20, 2012)

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