Bifurcation of infringement counter claims was refused
Crown Packaging Technology ,Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, July 24, 2007.
Thynge, M.J. Plaintiffs’motion to bifurcate the trial of defendant’s counterclaims is denied.
The patents-in-suit relate to the art of manufacturing beverage cans. Plaintiff alleged infringement of two patents, and defendant couterclaimed asserting infringement of five of its patents. Plaintiff moved to bifurcate the infringement counterclaims. Bifurcation can lead to additional discovery, more pre-trial disputes, empaneling a second jury, redeposing or recalling the same witnesses, additional post-trial motions and multiple appeals. Bifurcation should therefore be used only in exceptional cases. Plaintiff did not cite to one case where bifurcation of counterclaims of infringement was granted.
A copy of the full opinion is available here.
