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summary judgment motion

Not Money Well Spent

Sometimes it seems that attorneys file motions for summary judgment as a matter of routine, without seriously considering the probability of success. (Bright Response, LLC v. Google Inc., et al.)

A Unique Tactical Ploy

It is not uncommon for the defendant in a patent infringement action to move for a summary judgment of invalidity of the patent-in-suit. It is, however, apparently unique for the plaintiff to do so. In Re Acacia Media Technologies Corp.

Acacia filed more than twenty (20) suits alleging infringement of various claims of five patents, all of which were based on the same specification. The various cases were all transferred to the Federal District Court for The Northern District of California for proceedings under the Multi-District Litigation Rules.

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