Question about scheduling after Amended Complaint

[twoplanker]

Oregon

I was just recently added to a complaint in a Federal Patent suit. My question is: What rights am I afforded as far as scheduling and other procedural actions such as Markman/Claims construction/interrogatories/depositions... there is very little information out there regarding this and I do have intentions on moving forward that differ from the choices alredy made by the original defendant.

Thanks

 

[quincy]

Oregon

I was just recently added to a complaint in a Federal Patent suit. My question is: What rights am I afforded as far as scheduling and other procedural actions such as Markman/Claims construction/interrogatories/depositions... there is very little information out there regarding this and I do have intentions on moving forward that differ from the choices alredy made by the original defendant.

Thanks

I strongly recommend that you consult with a patent attorney in your area. It is very hard to advise you based on what you have provided in the way of information here. FA's resident patent attorney, divgradcurl, has not posted in awhile but I imagine he would recommend the same, to get answers to the questions you pose here and to go over any defenses you may have to whatever patent claims have been filed against you.

As a note, patent attorneys have higher technical educational degrees and legal backgrounds than your average attorney and they not only must pass a Bar exam but also a USPTO exam to get their license. This is not because patent law is easy . You should rely on an expert.

You mention Markman? Are you referring to Markman v Westview Instruments, 517 US 370, 1976)? In this Supreme Court case, the Court ruled that it is the judge not the jury who is responsible for interpreting patent claims in patent infringement actions, which means a jury is given less power in determining the outcome.

Good luck.