Judge Kinkeade Orders Parties To Meet And Confer To Narrow Disputed Patent Claim Terms Down From 19, Suggests 8 Or Fewer Is Appropriate Amount

On July 20, 2017, Judge Kinkeade entered an Order (available here) in Berman v. DirectTV. In the case, the parties had submitted 19 disputed claim terms/phrases to the Court for construction. Upon review of the parties’ briefing, Judge Kinkeade determined that this number could be reduced. Accordingly, the Court required the parties to meet and confer to narrow the number of disputed claim terms or phrases. The Court further suggested that 8 or fewer terms/phrases would be a more reasonable number for a jury to comprehend and resolve. Judge Kinkeade ordered the parties to, within 14 days, file a revised joint claim construction chart.

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