A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Motion for Reconsideration

Sad Attorney
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Here's some interesting language from Judge Andrews yesterday, in an oral order:

In a motion (No. 15-611, D.I. 532) that is as pointless as a motion can be, Plaintiff asks for reconsideration/clarification of an issue that was not decided. Defendants add to the frivolity by writing five pages in opposition (No. 15-611, D.I. 542), while agreeing that I did not decide the issue. Both sides are surely right. Thus, Plaintiffs motion is DISMISSED as moot.

Plaintiff had moved for reconsideration of Judge Andrews' order adopting a special master order that struck a new DOE theory. According to Judge Andrews' original order:

I think TQ . . . advanced a distinctly new DOE theory and …

Threading the Needle
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Motions for reconsideration are almost impossible to win, often because the legal standard requires parties to thread a very small needle. On one hand, you can't rehash arguments you already made. On the other hand, you can't raise new arguments that you could have made earlier.

Judge Connolly illustrated this catch-22 a few days ago, when the plaintiffs on the wrong end of a Markman order tried to convince the judge to reconsider one of his claim constructions. He ignored many of the plaintiffs' arguments, which "simply regurgitate the arguments [they] made in their share of the 113-page Joint Claim Construction Brief and at the Markman hearing."

The plaintiffs raised one new argument: that Judge Connolly's construction …