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Published on: June 20, 2016

District Court Declines Parties Joint Motion to Sever New Defendant from Pending Action

In this patent infringement action, the parties filed a joint motion to request that the district court sever Defendant Contour, LLC (“Contour”) from the case. VStream, the plaintiff, had not effected service on Contour until after the scheduling conference, so Contour had no ability to participate in the dates selected by the court.

The court explained that “[t]ypically, cases of this nature are consolidated after being filed and then set for a scheduling conference, at which time the parties receive Markman hearing and trial dates. Because those dates are set at the time of the scheduling conference and commemorated in the Docket Control Order issued by the Court, the Court is not inclined to revise them other than in exceptional circumstances.”

The court then found that there were no exceptional circumstances that justified severing Contour from the schedule already selected by the court. “Here, trial is set for March 13, 2017, and the Markman hearing is set for August 4, 2016. Considering that Contour was served on March 2, 2016, the parties have had adequate time to compensate for any delay caused by late service. In fact, according to the Docket Control Order, all deadlines except two–the filing of infringement contentions and the filing of notice of a mediator–follow the effectuation of service on March 2, 2016.”

As a result, the court determined that the most efficient way to proceed was to keep Contour in the case as currently scheduled. “As such, the Court disagrees that the proper course is to sever Contour from this consolidated action. The most efficient and effective means of litigating this case is for all parties to remain on the set schedule with a trial date of March, 13, 2017.”

VStream Technologies, LLC v. PLR IP Holdings, LLC, Case No. 6:15-CV-974-JRG-JDL (E.D. Tex. June 9, 2016)

The authors of www.PatentLawyerBlog.com are patent trial lawyers at Jeffer Mangels Butler & Mitchell LLP. For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com.

Stan Gibson

Stan Gibson, an experienced technology and IP trial lawyer, represents inventors, manufacturers, owners and others in litigation centering on complicated technology. Stan's practice is national in scope and he represents both plaintiffs and defendants and has litigated dozens of cases on behalf of his clients, taking many of them to trial. Although most cases settle, Stan's ability to take cases to trial enhances their value and drives favorable verdicts and settlements. Contact him at 310.201.3548 or SGibson@jmbm.com.

Greg Cordrey

Greg Cordrey, an experienced patent litigator and former flight test engineer, represents a wide range of industries including medical device, computer, e-commerce, semiconductor, automotive, aircraft, and consumer products. He has litigated patent cases nationwide and has practiced before the Federal Circuit and the U.S. Patent and Trademark office as a registered patent attorney with experience in concurrent litigation and patent reexamination proceedings. Greg is recognized as one of the "Best Lawyers in America" in IP Law, as well as a "Super Lawyer" and "Rising Star." Contact him at 949.623.7236 or GCordrey@jmbm.com.

Rod Berman

Rod Berman is recognized by the Daily Journal as one of the top 30 intellectual property attorneys in the State of California, and by the Los Angeles Business Journal as one of the top 100 attorneys in Los Angeles. Rod's practice focuses on patent, trademark, copyright, unfair competition and internet responsibilities and includes counseling, litigation, opinions, licensing and prosecution. In addition to being a registered patent attorney, Rod is a court-recognized expert in patent and trademark law, and has successfully argued before the Federal Circuit. Contact Rod at 310.201.3517 or RBerman@jmbm.com.

Andrew Shadoff

Andrew Shadoff, is a litigation partner and a member of JMBM's Patent Litigation Group. He is experienced in handling patent, copyright and trademark infringement cases. He has obtained wins for his clients at the pleading stage and on summary judgment, and has authored multiple successful briefs in appeals before California's Second District Court of Appeal and the U.S. Court of Appeals for the Ninth Circuit. Contact him at 310.712.6856 or AShadoff@jmbm.com.

Joe Mellema

Joe Mellema's practice focuses on litigation in federal and state courts, including the protection and enforcement of intellectual property rights, and business and commercial disputes. He has handled patent, trademark, copyright, trade secret, unfair business practices, antitrust, and business and commercial lawsuits in all phases of litigation and arbitration. In addition to a law degree, he has dual degrees in electrical engineering and physical sciences, and was formerly a systems engineer at Raytheon Company. Contact him at 949.623.7232 or at JMellema@jmbm.com.