The Complexities Of Bifurcated Markman Proceedings

Law360, New York (May 23, 2011, 1:38 PM EDT) -- Establishing a new precedent for multidefendant lawsuits, Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas ordered early, bifurcated Markman proceedings to obtain an accelerated resolution regarding a small number of contested terms in Parallel Networks v. Abercrombie & Fitch et al. (E.D. Texas 6:10-cv-111).

In Parallel Networks (PN), there were more than 100 defendants consolidated into a single lawsuit. To address inequities in the lawsuit, Judge Davis stayed most discovery and agreed to construe three claim terms that might lead...
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