Judge Jones Denies Motion for Staged Discovery

By itself, this recent order from Judge Jones denying staged discovery in a patent case seems pretty insignificant. And it probably is. The only reason I'm posting it is because it is one of his first orders in a patent case (if not the first order) so it has some significance in that regard. Further, it provides information for those practicing in his court and considering staged discovery. In this case, Defendant Eveready Industrial Services Corp. sought to stay all discovery in the case except that which related to an alleged assignment. Judge Jones denied the request.

From Judge Jones' order:

"Eveready seeks to postpone discovery on all issues save one: whether Eveready is the assignee of rights under the joint technology agreement. Eveready asserts that resolving this issue may dispose of the case. Unfortunately, Eveready does not explain why. Plaintiffs’ amended complaint contains six causes of action, and Eveready fails to explain how deciding whether it is the assignee of the joint technology agreement will resolve each cause of action. In opposition, Plaintiffs explain that the resolution of the assignment question will not resolve many of its claims."
EvereadyOrderStagedDiscovery.pdf