By Order dated October 20, 2009, in Grape Technology Group, Inc., et al. v. Jingle Networks, Inc. (PDF), Chief Judge Sleet noted that the Court will impose a limit of ten (10) disputed terms per patent for claim construction in this action and all future patent actions. Specifically, in the Order, Chief Judge Sleet stated as follows:
“The parties have submitted for construction 19 terms from U.S. Patent No. 7.023,969. Although disinclined to do so in the past, the court – regrettably – will impose a limit of 10 disputed terms per patent for claim construction in this and all future patent actions.”
Thus, parties in patent infringement actions in the District of Delaware should be strategic and careful to narrow the real claims in dispute that require claim construction. I’ve attached a copy of the Order (PDF) entered by Chief Judge Sleet.