Kathi Vidal-managing partner of Winston & Strawn's Silicon Valley office-and Danielle Williams-a litigation partner in Winston's Charlotte office-discussed Judge Alan Albright's two recent standing orders with Managing IP. The orders, both of which amend existing standing orders, are intended to speed the process for Judge Albright to rule on motions to transfer.
The first order issued on June 8 limits the number of discovery requests plaintiffs can make related to venue. The second, issued the same day, notes that when an inter-district transfer request is pending, the court will either resolve the motion before the Markman hearing or postpone the hearing until it can address the application.
Danielle says that before the first order was issued, it was unclear when exactly discovery would happen. As she said in the article, "If you've got any delay, even if it's a little bit, it can impact your ability to get all the discovery completed before the trial date."
Kathi also weighed in, saying that Albright tends to care more about inconvenience to third parties, than to the parties litigating the case. Consequently, plaintiffs should focus on the location of relevant third-party witnesses.
Click here to read the full article (subscription required).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
