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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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 CLEARPLEX CORPORATION, 8 Plaintiff, 9 10 11 12 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. 13 14 15 The status (pretrial scheduling) conference scheduled 16 for hearing on January 26, 2015, is vacated since the parties’ 17 Joint Status Report filed on January 12, 2015 (“JSR”) indicates 18 the following Order should issue. CLAIM CONSTRUCTION SCHEDULE 19 The parties’ proposed claim construction schedule is 20 21 adopted, as modified, as follows: 1. 22 Each party shall serve on each other party its 23 proposed terms for claim construction no later than October 9, 24 2015. 25 2. Each party shall serve on each other party its 26 proposed claim construction and supporting evidence no later than 27 October 30, 2015. 28 1 1 3. The parties shall file a Joint Claim Construction 2 Statement no later than November 6, 2015, after the parties seek 3 to resolve disputes. Disputed terms, phrases, and clauses shall 4 be designated as disputed. For any disputed term, phrase, or 5 clause, the 6 phrase, or 7 construction; and support for each party’s proposed construction 8 side by side. A model format for the construction statement is as 9 follows (or any other substantively similar format that permits 10 joint statement clause (listed shall by list claim); each each disputed party’s term, proposed the court to compare terms side by side): 11 12 13 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 14 15 16 17 4. The parties shall attach to the Joint Claim 18 Construction Statement a copy of the patent(s) in dispute. The 19 parties shall also make a complete prosecution history for the 20 patent(s) available to the Court upon request. 21 5. The parties shall simultaneously file opening 22 claim construction briefs and supporting evidence no later than 23 November 30, 2015. Claim construction briefs shall address each 24 disputed term, phrase or clause following the order of the joint 25 statement. 26 27 6. The parties shall file responsive construction briefs no later than December 14, 2015. 28 2 claim 1 7. A claim construction hearing 2 scheduled to commence at 9:00 a.m. on January 11, 2016. 3 is FURTHER SCHEDULING 4 Upon issuance of the claim construction ruling, the 5 Court will set a date for the filing of a further joint status 6 report. In that report, the parties must address the following 7 topics: 8 9 a) construction ruling for immediate appeal to the Federal Circuit; 10 11 Whether either party wishes to certify the claim b) The filing of dispositive motions, and timing of those motions; 12 c) Anticipated post-claim construction discovery; 13 d) Any other pretrial matters. 14 IT IS SO ORDERED. 15 Dated: January 22, 2015 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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