This week saw the birth of a novel way to raise a claim narrowing dispute, and it strikes me as rather clever.
Typically the number of claims asserted gets raised as a discovery dispute or as part of the scheduling or status conference.
The plaintiff in TQ Delta, LLC v. Pace Americas, LLC, C.A. No. 13-1835-RGA (D. Del.), though, took a different tack and instead moved for extra pages for summary judgment briefing, explaining that it needed the extra pages because the defendant was asserting 18 invalidity defenses (against plaintiff's 2 asserted claims).
This resulted in the following turn of events:
- Judge Andrews immediately issued an Oral Order requesting defendant …