In this particular case (Arthrex, Inc. v. Smith & Nephew, Inc., Case No. 2:15-CV-01047-RSP (E.D. Tex. Dec. 2016)), the court stated:
"Arthrex did not request construction of this term during claim construction, which occurred more than six months ago. Rather, Arthrex requested that the Court construe the term during the Jury Charge Conference-- the night before the last day of a five-day trial. " The district court continued by stating that it "will not rush to construe a term hours before the jury charge only to have that construction subject to de novo review on appeal. The risk of wasting judicial resources is simply too great, particularly when [the plaintiff] had ample opportunity to avoid the last-minute request."
More information on this case can be found here:
http://patentlaw.jmbm.com/2016/12/district-court-rules-that-clai.html#page=1
"Arthrex did not request construction of this term during claim construction, which occurred more than six months ago. Rather, Arthrex requested that the Court construe the term during the Jury Charge Conference-- the night before the last day of a five-day trial. " The district court continued by stating that it "will not rush to construe a term hours before the jury charge only to have that construction subject to de novo review on appeal. The risk of wasting judicial resources is simply too great, particularly when [the plaintiff] had ample opportunity to avoid the last-minute request."
More information on this case can be found here:
http://patentlaw.jmbm.com/2016/12/district-court-rules-that-clai.html#page=1
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