Clearplex Corporation v. Bray Group, et al

Filing 22

AMENDED STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr. on 9/1/2015 ORDERING each party to serve on each other party by 1/8/2016, its proposed terms for claim construction; ORDERING each party to serve on each other party b y 1/29/2016, its proposed claim construction and supporting evidence; ORDERING the parties to file a Joint Claim Construction Statement by 2/5/2016; ORDERING the parties to simultaneously file opening claim construction briefs and supporting evidence by 2/29/2016; ORDERING the parties to file responsive claim construction briefs by 3/14/2016; SETTING a Claim Construction Hearing for 4/11/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Michel, G.)

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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,

AMENDED STATUS (PRETRIAL
SCHEDULING) ORDER

Defendants.

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Pursuant to the parties’ stipulation and request to

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“extend and modify [the] dates set forth in . . . this Court’s

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January 22, 2015 Claim Construction Schedule (Dkt. No. 15) by 90

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days

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issues. (Stipulation & Proposed Order to Modify Case Schedule

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3:18-21, ECF No. 21.)

for

all

deadlines,”

following

amended

status

order

CLAIM CONSTRUCTION SCHEDULE

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The parties’ proposed claim construction schedule is

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the

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 January 8,

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2016.

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2.

Each

party

shall

serve

on

each

other

party

its

proposed claim construction and supporting evidence no later than
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January 29, 2016.

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3.

The parties shall file a Joint Claim Construction

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Statement no later than February 5, 2016, 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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the court to compare terms side by side):

joint

statement

clause

(listed

shall

by

list

claim);

each

each

disputed

party’s

term,

proposed

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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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February 29, 2016. 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 March 14, 2016.
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claim

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7.

A

claim

construction

hearing

is

scheduled

to

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

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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:

September 1, 2015

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