E.D. Pa. Chief Judge Harvey Bartle: Motion to Proceed on Representative Claims Granted

Consistent with a theme that has been developing in D. Del. multi-patent litigation, E.D. Pa. chief judge Harvey Bartle, sitting by designation, recently issued an order limiting the number of claims for trial. In the four-patent litigation, the Court limited the plaintiffs to no more than twelve representative claims, with at least one claim from each of the patents-in-suit. Notably, however, the Court expressly directed that the trial on the representative claims will be “without prejudice to a trial at a later point, at the request of plaintiffs, on any of the remaining claims of the patents.”

Brigham and Women’s Hospital Inc. v. Teva Pharma. USA Inc., C.A. No. 08-464-HB (D. Del. Sept. 24, 2009) (Bartle, C.J.).

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