A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Ranking

Count Motionula

Nathan R. Hoeschen, Sept. 18, 2025
Ranking Summary Judgment

One motion, two motion, three motion, four
One motion, two motion, three motion, four AI-Generated, displayed with permission

Hello again dear friends and readers. In the time the blog has been on hiatus I have built a fence 20 feet high and 20 feet long, gained 400 ELO in chess, and seen many old friends for the first time in ages. But the blog is back, and those days are behind me as I feed more content into its insatiable maw. So let's get right into today's case.

You'll all be aware that a couple of our judges require litigants to rank their summary judgment motions. For instance, and relevant to today's case. Judge Williams' form scheduling order states that "The Court will review the party’s summary …

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Court Denies Lower-Ranked SJ Motions After Denial-in-Part

Andrew E. Russell, Nov. 22, 2024
Ranking Summary Judgment

Dominoes
AI-Generated, displayed with permission

Both Chief Judge Connolly and Judge Williams require parties to rank their summary judgment motions. This is an effort to deter meritless summary judgment motions. Upon denying a higher-ranked motion, the Court will automatically deny lower-ranked motions as well.

In other words: You had better be careful when ranking your summary judgment motions. But it can be tricky! Do you put the one with the highest chance of success first, even if it's on an issue you don't care as much about? Or do you rank the tougher SJ motion first because it addresses a critical issue first, to ensure that the Court will at least address it?

And what if a motion is granted, but …

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Judge Hall Rejects Request to Impose Summary Judgment Motion Ranking, Expands Page Limits

Andrew E. Russell, April 8, 2024
Summary Judgment Ranking

Continuing our eclipse theme
AI-Generated, displayed with permission

Most of the judges in the District of Delaware have settled on page limits for summary judgment and Daubert motions in patent cases of 250 total pages: 50 pages opening, 50 pages answering, and 25 pages reply—per side.

The "per side" part is important, and it can have a significant impact on cases with multiple unrelated defendants or defendant groups.

The Court has usually resisted expanding these limits, and in many cases, has instead experimented with ways of reducing the burden on the Court. Judge Noreika, for example, has sometimes required parties to seek leave before filing summary judgment motions.

Chief Judge Connolly has instituted a "ranking" procedure in his cases to help deter meritless …

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Judge Williams Is Not Kidding When It Comes to His 3-Motion-in-Limine Limit. Beware...

Andrew E. Russell, May 5, 2023
Ranking Sorting

Split Cup
Tania Melnyczuk, Unsplash

Most judges in the District of Delaware limit the parties to three motions in limine per side. Visiting judges sometimes permit more, but I get the sense that this limit is something native D. Del. judges generally don't want the parties to change when submitting a proposed scheduling order.

But I can't recall a patent case where the parties did not use all of their motions in limine, and want more (even if they didn't ask the Court). These evidentiary issues can just have a large effect on trial. Plus, with a mountain of work bearing down on you in the leadup to trial, it's great to think you might knock out some opposing …

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