By Memorandum Order entered by The Honorable Richard G. Andrews in EON Corp. IP Holdings LLC v. FLO TV Incorporated, et al., Civil Action No. 10-812-RGA (D.Del., January 30, 2014), the Court denied Plaintiff’s motion for a single trial of its infringement and invalidity claims against nine (9) remaining defendants. In so ruling, Judge Andrews noted that “I believe having a single joint trial would not only be completely unfair and prejudicial to the Defendants, and sufficient reason to sever the case into various smaller units, but it would also be reversible error.” Id. at 1.
The Court also denied Plaintiff’s request seeking to sever the invalidity defenses into a separate trial under Federal Rule 42(b) and have one invalidity trial. Id. at 2. The Court did recognize that “[o]ne invalidity trial would make a certain amount of sense.” Id. However, ultimately, the Court denied the request and decided to proceed by scheduling nine separate one week trials on infringement so each defendant can be judged on its own merits. Id.
Worth noting is the fact that this case was filed by Plaintiff after the effective date of the Leahy-Smith America Invents Act of 2011 (the “AIA”) and the Court commented in its analysis that it did not believe the defendants were properly joined in the first place. A complete copy of the Memorandum Order is attached.