Clearplex Corporation v. Bray Group, et al
Filing
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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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2
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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