Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al

Filing 22

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 7/30/12 issuing Claim Construction Schedule: Each party shall serve on each other party its proposed terms for claim construction no later than 2/18/13, proposed claim const ruction and extrinsic evidence no later than 4/1/13; Joint Claim Construction Statement due 4/22/13; opening claim construction briefs and supporting evidence due 5/20/13, responsive claim construction briefs due 6/17/13; tutorial scheduled 6/17/13 at 10:00 a.m.; Claim Construction Hearing set for 7/29/2013 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Paladin Brands Group, Inc. terminated pursuant to 21 Stipulation of Dismissal. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADVANCED STEEL RECOVERY, LLC,
Plaintiff,

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v.

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X-BODY EQUIPMENT, INC., and
JEWELL ATTACHMENTS, LLC,

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Defendants,*
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AND RELATED COUNTERCLAIMS
________________________________

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2:12-cv-01004-GEB-DAD
STATUS (PRETRIAL SCHEDULING)
ORDER

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The status (pretrial scheduling) conference scheduled for

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hearing on August 6, 2012, is vacated since the parties’ Joint Status

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Report filed on July 23, 2012 (“JSR”) indicates the following Order

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should issue.
CLAIM CONSTRUCTION SCHEDULE

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The parties’ proposed claim construction schedule is adopted,

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as modified, as follows:
1.

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terms for claim construction no later than February 18, 2013.
2.

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Each party shall serve on each other party its proposed

Each party shall serve on each other party its proposed

claim construction and extrinsic evidence no later than April 1, 2013.

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*

The caption has been amended according to the Stipulation of
Dismissal of Defendant Paladin Brands Group, Inc. (ECF No. 21.)
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3.

The

parties

shall

file

a

Joint

Claim Construction

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Statement no later than April 22, 2013, following a meaningful meeting

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during which the parties shall seek to resolve disputes. Disputed terms,

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phrases, and clauses shall be designated as disputed. For any disputed

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term, phrase, or clause, the joint statement shall list each disputed

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term, phrase, or clause (listed by claim); each party’s proposed

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construction; and support for each party’s proposed construction side by

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side. A model format for the construction statement is as follows (or

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any other substantively similar format that permits the court to compare

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terms side by side):
Claim Language (Disputed
term, phrase, or clause in
bold)

Plaintiff’s Proposed
Construction and Evidence
in Support

Each Defendant’s Proposed
Construction and Evidence
in Support

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4.

The parties shall attach to the Joint Claim Construction

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Statement a copy of the patent(s) in dispute. The parties shall also

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make a complete prosecution history for the patent(s) available to the

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Court upon request.

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5.

The

parties

shall

simultaneously

file

opening claim

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construction briefs and supporting evidence no later than May 20, 2013.

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Claim construction briefs shall address each disputed term, phrase or

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clause following the order of the joint statement.

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6.

The parties shall file responsive claim construction

briefs no later than June 17, 2013.
6.

A tutorial is scheduled to commence at 10:00 a.m. on June

17, 2013. Each side will be permitted 45-60 minutes to present a short

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summary and explanation of the technology at issue. Plaintiff will make

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the first presentation. Visual aids are encouraged.

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7.

A claim construction hearing is scheduled to commence at

10:00 a.m. on July 29, 2013.

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FURTHER SCHEDULING

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Upon issuance of the claim construction ruling, the Court will

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set a date for the filing of a further joint status report. In that

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report, the parties must address the following topics:

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a)

Whether

either

party

wishes

to

certify

the claim

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construction ruling for immediate appeal to the Federal

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Circuit;

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b)

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The filing of dispositive motions, and timing of those
motions;

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c)

Anticipated post-claim construction discovery;

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d)

Any other pretrial matters.

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IT IS SO ORDERED.

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Dated:

July 30, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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