Timing of ITC and NDCA rulings.....
posted on Sep 02, 13 12:46PM (Log in to use the IP Check tool) [?]
I'm getting numerous questions on this subject, so I'm responding because the situation is interesting to me as well. Frankly, since Judge Grewal is usually more than punctual in issuing his rulings, I must admit that I'm a bit surprised he hasn't yet done so in our case. Of course, I'm also one of those who said it was highly unlikely there would be a second Markman hearing, and although it took an extremely unusual set of circumstances for that to occur (prior judge, who asked only for further briefing, retires, new judge then assigned, etc.), this just shows that there are no certainties or "carved in stone" rules for these kinds of things.
In any event, the questions I've been receiving are directed to why Judge Grewal has "delayed" his ruling. I'm not sure that is the correct term, but there are multiple possibilities as to why it hasn't been issued to date. Some of those follow, and, of course, there could well be others.
First, Judge Grewal may simply have been busy with other matters --- on the other hand, that is likely always so, and it hasn't kept him from making very quick rulings in the past. Second, it could be that Judge Grewal, prior to issuing his own ruling, wants to see what Judge Gildea of the ITC has to say --- after all, Judge Gildea is ruling on the entire issue of infringement as a matter of the merits of the whole case, while Judge Grewal is ruling on summary judgment, and, as such, is merely making the determination as to whether material issues of fact exist. Or, third, it could be that Judge Grewal dosen't want to take any chance that his ruling might somehow influence the result in the ITC. I've also been asked whether these two judges are communicating with each other on their rulings, which, although there is no way to say for sure, seems highly doubtful to me.
Whatever the case, this may well prove to be an interesting week. Will we see a ruling before Friday from Judge Grewal? Will Judge Gildea rule on Friday as expected according to the "initial determination" date that was set, or will he announce the need for a delay? Is one judge waiting on the other for some reason we cannot fathom?
Sorry I can't give a definitive answer, but the above perhaps gives you some insight to what might be occurring. The scenario of having two rulings due in separate courts around the same time frame surely creates a yet another unusual situation that is impossible to realistically evaluate with any degree of accuracy. Whatever happens, I paid for my ticket, so I'll be here for the show.
Hope everyone is having a great Labor Day holiday. Best wishes to all.
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