Question on wording of Settlement Conference Docket Entry

[QuestiononLaw]

This applies to a lawsuit in federal court; I am in Illinois but that isn't relevant..

Hello,

I would like to know if the below language, posted after a settlement conference in a patent infringement lawsuit, indicates whether or not a settlement agreement was reached; or if it reveals any insights into the case:

"Settlement conference held on 2/23. All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned judge. Judicial staff mailed notice. "

Thanks in advance, I really appreciate it!!

 

[divgradcurl]

This applies to a lawsuit in federal court; I am in Illinois but that isn't relevant..

Just FYI, federal courts do apply state law in some cases -- so even if it is a federal case, the state may be important. It's not in this case, but it's always important to include the state, even in federal cases. And further, the way federal courts operate is not the same court-to-court -- the court rules in the Northern District of California may be (and often are) very different from the rules in other districts.

"Settlement conference held on 2/23. All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned judge. Judicial staff mailed notice. "

No, it does not appear that a settlement was reached -- otherwise the case would be disposed of, not merely returned to the assigned judge. What often happens in these cases is that the case is referred to another judge or magistrate to handle discovery issues, settlement conferences, and the like, and the presiding judge only gets involved in the bigger issues, like motions for summary judgment, Markman hearings, and so on. It varies from court to court.

Without more infomration, you really can't tell for sure, but in my District, if I saw this on the docket, I would assume that settlement talks had not resolved the controversy.

 

[Yuke]

This applies to a lawsuit in federal court; I am in Illinois but that isn't relevant..

Hello,

I would like to know if the below language, posted after a settlement conference in a patent infringement lawsuit, indicates whether or not a settlement agreement was reached; or if it reveals any insights into the case:

"Settlement conference held on 2/23. All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned judge. Judicial staff mailed notice. "

Thanks in advance, I really appreciate it!!

Just my opinion so don't take this as legal advice. Sounds like no settlement was reached, which is why you are going to appear before a judge for resolution.