Re: The case tutorial is today and the MH is
in response to
by
posted on
Jan 20, 2012 05:26PM
fs2006,
Thanks--I was going by this:
B. Case Schedule
The parties shall adhere to the following Case Schedule:
Joint Claim Construction and Prehearing Statement November 18, 2011
Close of Claim Construction Discovery
(.30 days after the Joint Claim Construction and Prehearing
Statement )
December 19, 2011
Case Tutorial January 20, 2012
Claim Construction Hearing January 27, 2012
Further Case Management Conference February 27, 2012
None of the dates set in this Order may be changed without an order of the Court made after
a motion is filed pursuant to the Civil Local Rules of Court.
1. Claim Construction Proceedings
No later than the date set in the Case Schedule, all parties must serve on all other parties
Preliminary Claim Constructions and Extrinsic Evidence pursuant to Patent L.R. 4-2.
No later than the date set in the Case Schedule, the parties must file a Joint Claim
Construction Statement and Prehearing Statement pursuant to Patent L.R. 4-3. The statement shall
be presented in the following chart format:
Disputed Term Plaintiff’s Proposed
Construction
Defendant’s Proposed
Construction
The parties shall express their proposed construction in a manner suitable for incorporation into a
jury instruction. The parties shall identify the terms whose construction will be most significant to
the resolution of the case, and particularly to the Motion for Summary Judgment currently pending
before the Court. However, the total terms identified by all parties as most significant cannot exceed
Pursuant to Patent L.R. 4-4, all discovery, including depositions of expert witnesses, relating
to claim construction must be completed within 30 days of filing the Joint Claim Construction
Statement and Prehearing Statement.
On the date set in the Case Schedule, the parties shall appear before the Court to present a
tutorial. The purpose of the tutorial is to allow each party to inform the Court about the background
of the technical information which is involved in the case and the nature of the dispute.
Presentations may include demonstrations, expert testimony, or audio visual materials. No crossexamination will be permitted. However, the Court may pose questions to parties or witnesses. No
record will be made of the proceedings. Statements made during the tutorial may not be cited as
judicial admissions against a party. Each side shall have 90 minutes for their presentation. Any
party wishing for additional time shall make the appropriate administrative motion in accordance
with the Civil Local Rules of Court. See Civ. L.R. 7-11.
At the Tutorial, the parties shall be prepared to address the following procedural
history:
(a) A review of Judge Ward’s claim construction order(s);
(b) A review of the PTO’s reexaminations and the impact, if any, those proceedings
have on these cases;
(c) A review of the claims identified in Defendant HTC’s Motion for Summary
Judgment of Non-Infringement as significant in resolving the Motion.
On the date set in the Case Schedule, the Court will hold a Claim Construction Hearing. At
the hearing the Court will consider only intrinsic evidence to interpret the disputed claims, i.e., the
claims themselves, the written description portion of the specification and the prosecution history.
Pertinent portions of the intrinsic evidence should be highlighted and indexed to the disputed claim
language. No testimony will be allowed, unless the Court orders otherwise, based upon a timely
motion noticed for hearing at least 10 days prior to the Claim Hearing by any party wishing to
present testimony. Each side shall have 90 minutes for their presentation. Any party wishing for
additional time shall make the appropriate administrative motion in accordance with the Civil Local
Rules of Court. See Civ. L.R. 7-11.
Notwithstanding Patent L.R. 4-5, the parties shall comply with the following briefing
schedule:
1. Opening Brief: The party claiming patent infringement must serve and file its
opening brief and supporting evidence on or before the date 35 days prior to the Claim
Construction Hearing. Accompanying the brief must be a proposed jury instruction which
incorporates the language which the party contends should be adopted in construing the
claims.
2. Responsive Brief: Each opposing party must serve and file its responsive brief
and supporting evidence on or before the date 21 days prior to the Claim Construction
Hearing. Accompanying the brief must be a proposed jury instruction which incorporates the
language which the party contends should be adopted in construing the claims.
3. Reply Brief: The party claiming patent infringement must serve and file any
reply brief and supporting evidence on or before the date 14 days prior to the Claim