Applera Corporation - Applied Biosystems Group v. Illumina, Inc. et al

Filing 314

ORDER VACATING BRIEFING-SCHEDULE ORDER. Signed by Judge Alsup on October 7, 2008. (whalc1, COURT STAFF) (Filed on 10/7/2008)

1 2 3 4 5 6 7 8 9 10 v. ILLUMINA, INC., a Delaware corporation, SOLEA INC., a Delaware corporation, and STEPHEN C. MACEVICZ, an individual, Defendants. / APPLERA CORPORATION-APPLIED BIOSYSTEMS GROUP, a Delaware corporation, Plaintiff, ORDER VACATING BRIEFING-SCHEDULE ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 07-02845 WHA

United States District Court

11
For the Northern District of California

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At the time the Court issued its recent order regarding the briefing schedule for claim construction, it was under the misapprehension that the further claim construction briefing was based on more of a stipulated agreement than it now appears after receiving yesterday's letter from opposing counsel. Accordingly, the order setting the briefing schedule for the additional terms (Dkt. 311) is hereby VACATED. The Court does not intend to construe any terms until the second-phase jury instructions are given. If the parties wish to propose constructions for terms they may do so in their proposed jury instructions. The parties may also submit trial briefs addressing the terms. But the Court will not entertain supplemental claim constructions apart from the jury instructions which will be given to counsel two or three days before closing arguments. Once again the Court requests that counsel agree upon a submission of this case for trial to a magistrate judge.

Dated: October 7, 2008.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE