E. Remy Martin & Co. v. Sire Spirits LLC
- Alvin Hellerstein
- 1:21-cv-06838
- U.S. District Court · Southern District of New York
- 2
In E. Remy Martin v. Sire Spirits, Judge Hellerstein ordered a Markman hearing and limited discovery to initial disclosures.
E. Remy Martin & Co., Sire Spirits LLC, and the other defendants in the case.
What happened
In E. Remy Martin & Co. v. Sire Spirits LLC, the court scheduled a hearing for June 2, 2022, to decide how disputed phrases should be interpreted.
Before the hearing, the parties had to prepare a four-column table listing disputed phrases and each side’s proposed interpretations. The defendants had to cooperate on a single proposal when possible. Discovery was barred until the court issued its claim-construction order, except for required initial disclosures, which were due May 10, 2022.
Judge Hellerstein ordered the parties to agree on a schedule for preparing the table and submit it for court approval. The order did not decide the meaning of any phrase or the merits of the dispute.
The detailed version
- E. Remy Martin & Co. v. Sire Spirits LLC · No. 1:21-cv-06838
- Alvin Hellerstein
- Apr. 28, 2022
Background
The court entered an order setting a Markman hearing for June 2, 2022, at 2:30 p.m. A Markman hearing is a proceeding in which the court determines the proper meaning, or construction, of disputed phrases relevant to the case. The hearing was set to occur before ordinary discovery began.
Required submissions
The parties had to submit a four-column table five days before the hearing. The table had to identify phrases that any party believed required construction, provide E. Remy Martin & Co.’s proposed constructions, provide the defendants’ proposed constructions, and leave a blank column for the court’s rulings. The defendants were directed to cooperate in formulating one proposed construction. If they disagreed, they could submit separate versions.
Discovery and deadlines
The court stated that it would decide the proper construction of each phrase and then discuss the parties’ discovery program or set a date for that discussion. Until the claim-construction order, no discovery was permitted except the initial disclosures required by Rule 26(a) of the Federal Rules of Civil Procedure. Those initial disclosures were due May 10, 2022. The parties were also required to agree on a schedule allowing them to complete the table on time and submit that schedule for court approval.
Disposition
Judge Alvin K. Hellerstein entered the scheduling and discovery order. The opinion did not rule on the construction of any phrase, resolve the parties’ underlying dispute, or determine the merits of any claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.