New arguments in reconsideration motion are rejected
Crown Packaging Technology, et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, August 28, 2007.
Thynge, M.J. Plaintiffs’ motion for reargument and reconsideration regarding bifurcation of trial is denied.
Plaintiffs’ request to bifurcate trial of their patent infringement claims and that of defendant’s infringement counterclaims was denied. Reargument was denied because the new arguments raised do not warrant reconsideration. It is not proper on reargument for a party to digest the court’s analysis of the cases cited in the briefing and then seek to find additional cases which could have been cited but were not to try to convince the court to alter its decision. Plaintiff did not seek a phased trial in its first motion but only on rearguing cases cited on reargument could have been included in the motion to bifurcate but were not.
A copy of the full opinion is available here.
