In a recent opinion, Judge Davis of the Eastern District of Texas approved an unusual procedure that the parties believed would streamline patent litigation and narrow issues trial. In AdjustaCam LLC v. Amazon.com, the parties requested an early summary judgment hearing on damages — before the Markman hearing or other discovery — in order to promote settlement and narrow the issues. Noting that the infringement determination would not be complex, the court granted the motion and stated:
While the Patent Rules efficiently govern and manage most cases, the parties in this case have identified and agreed on specific modifications to the Court’s standard schedule that would treamline and potentially lead to an early resolution of the dispute.
This decision indicates that parties should not hesitate to suggest innovative approaches to modify typical litigation procedures — expecially when the modifications will conserve resources of the parties and of the court.