Eastern District Of Texas Court Recognizes Value In Unique Scheduling Orders In Multi-Defendant Cases

In a recent order issued by the Eastern District of Texas in the Uniloc litigation, Judge Davis recognized that multiple-defendant suits can be effectively and economically managed by modifying the typical scheduling procedures to encourage early mediation and settlement. By employing customized case management procedures, 104 of the 124 original defendants were able to settle their disputes prior to the Markman hearing and, importantly, "without the need for voluminous and expensive discovery." Uniloc USA, Inc., et al., v. Sony Corp. of Am., et al., Case No. 6:10-cv-373-LED, Order (Dkt. #215) at 6 (E.D. Tex. Nov. 3, 2011).

In order to effectively manage a case of this magnitude, Judge Davis held an early status conference to request input from the parties regarding strategies to promote the efficient and economical management of the case. Based on that input, Judge Davis fashioned a scheduling order: (1) implementing an early disclosure of plaintiff's Infringement