-As the "mcsmith.blogs" article mentions, the letter briefing process the EDTX had used was recommended by the Federal Judicial Center as a case management strategy in patent cases.
-The suggestion that EDTX does not grant summary judgment for patent challengers is incorrect. It granted between ~10-30% of such challenges each year between 2008-2017. (source DocketNavigator - a data aggregator on patent cases).
[as an aside, part of the legal standard for summary judgment is that there is "no genuine dispute as to any material fact." This can be difficult to meet in patent cases. For example, think of all the factual questions involved in determining whether a patent is invalid (e.g., has this specific thing ever existed before or is it obvious) or infringed (e.g., does this specific thing meet the limitations of this patent)].
It isn't that they didn't grant or deny, its that they had a 3rd category: FORBIDDEN from asking for summary judgement.
This makes the 10-30% number of little meaning, because there's a whole of of summary judgements that got a forbidden marker. They're not in the set of summary judgements granted, because there was no motion. The motion never happened because they were forbidden from being filed. So what's the real percentage? Do we know how many summary judgements never got filed because the judges never let them get filed?
-As the "mcsmith.blogs" article mentions, the letter briefing process the EDTX had used was recommended by the Federal Judicial Center as a case management strategy in patent cases.
-The suggestion that EDTX does not grant summary judgment for patent challengers is incorrect. It granted between ~10-30% of such challenges each year between 2008-2017. (source DocketNavigator - a data aggregator on patent cases).
[as an aside, part of the legal standard for summary judgment is that there is "no genuine dispute as to any material fact." This can be difficult to meet in patent cases. For example, think of all the factual questions involved in determining whether a patent is invalid (e.g., has this specific thing ever existed before or is it obvious) or infringed (e.g., does this specific thing meet the limitations of this patent)].