Judge Andrews recently denied a patent infringement Plaintiff’s opposed motion for a continuance of trial, suggested that his forthcoming pre-trial rulings would not affect the trial sufficiently to justify a continuance, and encouraged the parties to work cooperatively to resolve scheduling issues. As His Honor wrote, “[t]rial is scheduled for April 11, 2016, more than two months from now. It has been on the schedule, without objection, since March 17, 2015. . . . Thus, whatever logistical difficulties Plaintiff’s counsel has, they have existed for more than ten months, and it is too late to raise them now. I also note that lead counsel’s firm’s website states that the firm has ‘nearly 200 attorneys in our IP Department.’ If help is needed, resources appear to be available.” M2M Solutions LLC v. Enfora Inc., et al., C.A. No. 12-32-RGA, Memo. Or. at 1 (D. Del. Feb. 3, 2016).
Judge Andrews continued, “I agree with Defendants that [an expert’s] work schedule does not take precedence over the trial date. I also note that Plaintiff does not seem to be trying very hard to come up with an alternative. For example, perhaps she could give a trial deposition while she’s here for [a related] case. . . . In addition, I note that inventor testimony is optional. I’m sure counsel can think of some other alternatives to postponing the trial.” Id. at 2.
His Honor also noted: “I would expect counsel will be able to make informed decisions about what is likely [regarding pretrial issues], and, in any event, assume that I will decide the summary judgment issues in such a way that we will have a trial on infringement and invalidity. Daubert issues are likely to be resolved similarly to those in, the [related] case, which should be forthcoming shortly. I do not expect to schedule any hearings or arguments on the remaining issues in this case. . . . [And] the parties should meet and confer . . . and decide on a schedule to exchange supplemental damages reports.” Id. at 1-2.