A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: sandbagging

Sandbags
Rifugio Lagazuoi - Sandbags, vintage?, Rebecca Siegel, CC BY 2.0

As we've previously discussed, the D. Del. local rules prohibit a party from reserving arguments for a reply brief that "should have been included in a full and fair opening brief" (LR 7.1.3)—a practice commonly referred to as "sandbagging." This rule has real teeth, and failing to follow it can result in strong arguments being ignored altogether.

That's what happened on Monday in a summary judgment R&R from Magistrate Judge Burke. In addressing an invalidity motion that turned on a disputed priority date, Judge Burke found that this was "a disputed issue of fact" and recommend denial.

In addressing one of the defendant's …