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Judge Andrews orders reduction in number of asserted claims and prior art references.

In Pragmatus Telecom, LLC v. AT&T, Inc., et al., C.A. No. 12-1533-RGA (D. Del. July 7, 2014), Judge Andrews recently ordered each defendant to reduce the number of prior art references it was asserting to 5 per patent.  The plaintiff was also ordered to reduce the number of claims it was asserting to 8.  In a handwritten footnote, Judge Andrews explained that “upon a showing of diligence, and with due consideration for prejudice, a party may seek to modify this order for good cause shown.  A failure to seek such modification will constitute acquiescence to the limits contained in this Order.”

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