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Interval Licensing v. Google Scheduling Conference Notes: It's Back to Go, and the Judge Asks Defendants to Be Creative

By Pamela Jones et al.

The parties in the Paul Allen v. the World-and-its-Dog patent infringement litigation, Interval Licensing v. Google et al, met with the judge assigned to this case, Marsha J. Pechman, on December 13. I don't think it looks too promising for severance, judging from the Order Memorializing the Conference. I gather Interval must have promised to file more specifics that will tie them all together in the amended complaint it intends to file. We'll see.

It must have been a circus, with so many defendants, all lawyered up, because one thing the judge asks for is that the defendants choose one spokesman, which she calls "a whip", to speak for all the defendants at future status conferences which the judge would prefer to hold by telephone. The judge suggests the parties find a way to all cooperate and not bother her unless it's necessary.

Meanwhile, all the motions for severance are terminated without prejudice, and the judge won't rule on them until after Interval Licensing files its amended complaint, at which point the defendants can refile or file amended motions. So, it's back to go. Interval has to start over, and do it right this time. We'll see.

Full post as published by Groklaw on December 15, 2010 (boomark / email).