Free Order on Motion for Leave to File - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR Document 565 Filed 03/28/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORPORATION, )
)
Plaintiff, )
)
v. ) Civ. No. 04-858 SLR
)
)
TELECHECK SERVICES, INC. )
ELECTRONIC CLEARING HOUSE, )
INC., XPRESSCHEX, INC., and )
NOVA INFORMATION SYSTEMS, )
INC. , )
)
Defendants. )
MEMORANDUM ORDER
At Wilmington this¤J$”`day of March, 2006, having
reviewed defendants’ motion for leave to file and brief a summary
judgment motion on the issue of indefiniteness;
IT IS ORDERED that said motion (D.I. 516) is denied.
Although the Federal Circuit in IPXL Holdings, L.L.C. v.
Amazon.com, Inc., 430 F.3d 1377 (Fed. Cir. 2005), describes its
holding as “issue of first impression in this court,” id. at 1384
(emphasis added), it is clear that the IPXL ruling is consistent
with the holdings of its predecessor court and is not, therefore,
“new" law deserving of special treatment outside the case
management deadlines applicable to this case.
ga? @@5
United Sta es District Judge