McIntire v. Sunrise Specialty Company

Filing 27

ORDER signed by Judge Lawrence K. Karlton on 4/17/2012 GRANTING 20 Motion for an early Markman hearing; VACATING the Motion Hearing as to 20 Motion for an early Markman hearing set for 4/23/2012. The defendant shall notice the Markman hearing for a hearing date within 7 days. (Michel, G)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 BRYAN C. McINTIRE, an
individual,
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Plaintiff,
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v.
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SUNRISE SPECIALTY COMPANY,
14 a California corporation,

NO. CIV. S-11-2495 LKK/CKD

O R D E R

Defendant.

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/

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Defendant

has

filed

a

motion

18 construction (“Markman”)1 hearing.2
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requesting

an

early

claim

The motion will be granted.

Both sides appear to agree on the applicable law: “trial

20 courts have a duty to conduct claim construction in design patent
21 cases, as in utility patent cases.”

Egyptian Goddess, Inc. v.

22 Swisa, Inc., 543 F.3d 665, 679 (Fed. Cir. 2008) (en banc).

The

23 only serious issue plaintiff raises in opposition is his concern
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See Markman v. Westview Instruments, 517 U.S. 370 (1996).

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The parties' joint request to have this matter removed from
the calendar and decided on the papers will be granted.
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1 that a claim construction hearing will result in a detailed verbal
2 description of the claimed design.
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However, the court is aware that “design patents are typically

4 claimed according to their drawings,” and that “claim construction
5 must be adapted to a pictorial setting.”

Richardson v. Stanley

6 Works, Inc., 597 F.3d 1288, 1294 (Fed. Cir. 2010).
7 also

aware

of

the

specific

guidance

in

The court is

conducting

claim

8 construction of design patents that was offered by the Federal
9 Circuit in Richardson.
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Accordingly,

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1.

The April 23, 2012 hearing scheduled for this motion is

12 VACATED.
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2.

Defendant’s motion for an early Markman hearing (Dkt. No.

14 20), is GRANTED.

Defendant shall, no later than seven (7) days

15 from the date of this order, notice the Markman hearing for a
16 hearing date consistent with the following schedule.
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a.

The Parties shall confer and agree upon the claim or

18 claims to be construed in the patent no later than 90 days prior to
19 the hearing, at which point the Parties shall file with the Court
20 a notice of claims to be construed;
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b.

The Parties shall serve their opening briefs not

22 less than 60 days prior to the hearing;
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c.

The Parties shall serve their responsive briefs not

24 less than 30 days prior to the hearing; and
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d.

The Parties shall serve their reply briefs not less

2 than 14 days prior to the hearing.
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IT IS SO ORDERED.

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DATED:

April 17, 2012.

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