Clearplex Corporation v. Bray Group, et al

Filing 15

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on January 22, 2015. The parties proposed claim construction schedule is adopted, as modified: (see order for details). Opening claim constructions briefs due by 11/30/2015; Responsive claim constructions briefs due by 12/14/2015. A Claims Construction Hearing is scheduled to commence 1/11/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Rivas, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLEARPLEX CORPORATION,

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Plaintiff,

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No. 2:14-cv-02099-GEB-AC

v.
BRAY GROUP, a/k/a BRAY, a/k/a
THE BRAY GROUP, INC., a/k/a
BRAY GROUP INC.; and ALAN
BRAY,

STATUS (PRETRIAL SCHEDULING)
ORDER

Defendants.

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The status (pretrial scheduling) conference scheduled

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for hearing on January 26, 2015, is vacated since the parties’

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Joint Status Report filed on January 12, 2015 (“JSR”) indicates

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the following Order should issue.
CLAIM CONSTRUCTION SCHEDULE

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The parties’ proposed claim construction schedule is

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adopted, as modified, as follows:
1.

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Each

party

shall

serve

on

each

other

party

its

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proposed terms for claim construction no later than October 9,

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2015.

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2.

Each

party

shall

serve

on

each

other

party

its

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proposed claim construction and supporting evidence no later than

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October 30, 2015.

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3.

The parties shall file a Joint Claim Construction

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Statement no later than November 6, 2015, after the parties seek

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to resolve disputes. Disputed terms, phrases, and clauses shall

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be designated as disputed. For any disputed term, phrase, or

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clause,

the

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phrase,

or

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construction; and support for each party’s proposed construction

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side by side. A model format for the construction statement is as

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follows (or any other substantively similar format that permits

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joint

statement

clause

(listed

shall

by

list

claim);

each

each

disputed

party’s

term,

proposed

the court to compare terms side by side):

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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

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Construction Statement a copy of the patent(s) in dispute. The

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parties shall also make a complete prosecution history for the

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patent(s) available to the Court upon request.

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5.

The

parties

shall

simultaneously

file

opening

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claim construction briefs and supporting evidence no later than

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November 30, 2015. Claim construction briefs shall address each

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disputed term, phrase or clause following the order of the joint

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statement.

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6.

The

parties

shall

file

responsive

construction briefs no later than December 14, 2015.

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claim

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7.

A

claim

construction

hearing

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scheduled

to

commence at 9:00 a.m. on January 11, 2016.

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is

FURTHER SCHEDULING

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Upon issuance of the claim construction ruling, the

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Court will set a date for the filing of a further joint status

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report. In that report, the parties must address the following

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topics:

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a)

construction ruling for immediate appeal to the Federal Circuit;

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Whether either party wishes to certify the claim

b)

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:

January 22, 2015

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