posted on
Apr 22, 2010 11:56AM
Message: PACER
You make a correct assumption by saying:...
"the court seems to be centered on claims construction details now leading into a Markman"
Judge Watanabe's is doing the preparation work to get the case in a posture for Judge MARCIA to take over an issue the date for a Markman Hearing...
He ORDERED each party to file their own scheduling document and they did. Youngswirth and his team filed for EDIG, and if you compare it with document 277 you will see DM'S scheduling has been adopted by the Court in terms of how the sequence of events shall take place...
So far, in terms of defendants wanting their Markman Hearing before DISCOVERY taking place, score one for DM-EDING...
The next important thing is Judge MARCIA actually issuing an ORDER for DATE CERTAIN as to when the Markman Hearing shall take place.
From what SILVER posted:
The itemes highlighted are the ones we may expect any settlements that may happen. The rest are preparation for the Markman Hearing which gives defense counsel to grind the Hourly Billing Machine...Lol...Lol...
Gil...
"d. April 29, 2010 – Deadline for parties to meet and confer in an effort to agree on proposed constructions;
e. Supplemental Disclosures by Defendants due April 30, 2010:
(i) Documents sufficient to show structure, operation and components of each of the products identified on the list provided by Plaintiff per disclosure (a)(i) for documentation was not provided on April 7.A Defendant may provide exemplary documentation for groupings of accused product if it in good faith believes it is appropriate to do so and it identifies the documentation associated with a particular group of products.
f. May 7, 2010 – Parties file with the Court a Joint claim construction statement that includes identification of the intrinsic and extrinsic evidence to support each proposed construction, and an estimate of the amount of time required for a Markman hearing; and serve any expert reports(s), in accordance with Rule 26(a)(2), for any expert(s) who may testify at the Markman hearing, along with a detailed summary of any testimony by any fact witness who will be offering testimony at the Markman hearing;
g. May 24, 2010 – Parties serve rebuttal expert reports of any expert who will be providing rebuttal testimony at the Markman hearing, along with a detailed summary of any testimony by any rebuttal fact witness who will be offering rebuttal testimony at the Markman hearing;
h. June 4, 2010 – Deadline for deposing any expert or fact witness who has been identified to testify at Markman hearing;
i. June 14, 2010 – Parties file opening claim construction briefs;
j. July 12, 2010 – Parties file responsive claim construction briefs;
k. July 19, 2010 – Parties submit respective tutorials (if requested by Court) for claim construction hearing;
l. Claim construction hearing [Markman hearing]: to be scheduled by the Court;
m. 14 days after Court issues a claim construction order – Parties to meet and confer with respect to the current discovery plan for case in view of claim construction decision and any need for a Scheduling Order on the merits; and
n. 28 days after Court issues a claim construction order – Parties to file a Proposed Amended Scheduling Order regarding phase II of discovery on the merits."...
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