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Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

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Delaware Court Imposes Limit of Ten Disputed Terms For Claim Construction in Future Cases

Grape Tech. Group, Inc. v. Jingle Networks, Inc., Case No. 08-408 (GMS) (D. Del. Oct. 20, 2009)

In this case, Judge Sleet of the District of Delaware struck the parties joint claim construction chart from the record and required the parties the file an amended joint claim construction chart limited to ten disputed terms per patent-in-suit.  Judge Sleet stated in a footnote to the one-page opinion "[t]he parties have submitted for construction 19 terms from [the patent-in-suit].  Although disinclined to do so in the past, the court - regrettably - will impose a limit of 10 disputed terms per patent for claim construction in this and all future patent actions."

Thanks go out to the Docket Report blog for its initial reporting of this case. 

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