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Motion to dismiss a summary trial motion pre-emptively is rejected; extending hearing days granted.
The plaintiffs sought to dismiss or adjourn the defendant's motion for summary trial in a patent infringement action.
The Court held that the defendant was entitled to bring the motion as of right and that the appropriateness of summary trial should be determined at the hearing itself, not pre-emptively.
The Court refused to adjourn the summary trial until after oral discovery, noting it is not a precondition.
The Court did grant an extension of the summary trial hearing from three to five days on consent.
