McIntire v. Sunrise Specialty Company

Filing 66

ORDER signed by Judge Lawrence K. Karlton on 2/22/13 ORDERING that Defendant is granted 14 days from the date of this order to file proper representations of the "prior art" it referenced in its briefs Cochran, "Pacific" Porcela in Ware, "Douglas" and "Old Bowl." Counsel is cautioned that the small, single-perspective, unauthenticated catalogue photographs and drawings it has already provided are not sufficient and will not be considered. The requested r epresentations should be of sufficient size for the court to compare it with the '254 drawings and plaintiff's representations. The representations should contain sufficient perspectives to allow a sensible comparison. And the representat ions should be identified in a proper way, preferably through a declaration. The filing shall contain no argument, defendant having already submitted his argument regarding the prior art. The filing shall contain only the representations and enough language to identify what images are being submitted; Plaintiff is granted fourteen (14) days from defendant's above-referenced filing to respond to that filing, plaintiff not having previously had the opportunity to respond to any proper representations of the prior art from defendant. Plaintiff's response shall not exceed 10 pages. (Becknal, R)

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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,

O R D E R

Defendant.

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/

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

The

above-referenced

matter

came

on

for

hearing

on

the

18 parties’ cross-motions for summary judgment on February 11, 2013.
19 The matter remains under submission, and the court orders as
20 follows:
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1.

Defendant is granted fourteen (14) days from the date of

22 this order to file proper representations of the “prior art” it
23 referenced in its briefs – Cochran, “Pacific” Porcelain Ware,
24 “Douglas” and “Old Bowl.”
25 single-perspective,

Counsel is cautioned that the small,

unauthenticated

catalogue

photographs

and

26 drawings it has already provided are not sufficient and will not be
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1 considered.

The requested representations should be of sufficient

2 size for the court to compare it with the ‘254 drawings and
3 plaintiff’s representations.

The representations should contain

4 sufficient perspectives to allow a sensible comparison.

And the

5 representations should be identified in a proper way, preferably
6 through a declaration.
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The filing shall contain no argument, defendant having already

8 submitted his argument regarding the prior art.

The filing shall

9 contain only the representations and enough language to identify
10 what images are being submitted.
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2.

Plaintiff is granted fourteen (14) days from defendant’s

12 above-referenced filing to respond to that filing, plaintiff not
13 having previously had the opportunity to respond to any proper
14 representations of the prior art from defendant.
15 response shall not exceed 10 pages.
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IT IS SO ORDERED.

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DATED:

February 22, 2013.

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Plaintiff’s