Richards Layton & Finger
 

Judge Sleet Grants Defendants' Motion for Leave to File Motion for Summary Judgment of Noninfringement

December 15, 2016

In Quest Licensing Corporation v. Bloomberg L.P. et al., C.A. No. 14-561-GMS (Nov. 15, 2016), Judge Sleet granted the defendants’ motion for leave to file a motion for summary judgment of noninfringement. In their motion for leave, the defendants asserted that the claim term “changing information,” found in every asserted claim, presented a single, discrete, case-dispositive issue for all defendants in three related suits. The defendants pointed to judicial economy, specifying that if the accused systems were found not to receive or supply such “changing information,” then the Court would no longer need to hold trial in any of the three cases. Judge Sleet concluded that the defendants provided “a compelling argument” for noninfringement based on the Court’s construction of the term “changing information” and granted the motion for leave accordingly.

Key Points:  While not routine, Judge Sleet’s order demonstrates the Court’s willingness to grant leave to file summary judgment motions when a party can identify a narrow and specific case-dispositive issue.