Network Appliance Inc. v. Sun Microsystems Inc

Filing 212

ORDER re 194 Joint Report re: Claim Construction filed by Network Appliance Inc., Sun Microsystems Inc. Signed by Magistrate Judge Elizabeth D. Laporte on 03/02/2009. (hlk, COURT STAFF) (Filed on 3/2/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to the Court's October 22, 2008 Order Regarding Network Appliance Inc's Motion for Leave to File Motion for Reconsideration Or, in the Alternative, for Entry of Final Judgment, the parties filed a joint report regarding the construction of "incore root inode" from the '211 patent, and proposed the following modification of the Court's construction: "incore root inode" means "a data structure that includes a copy of the on-disk root inode that is contained in memory; this copy need not be in a fixed location in memory." At the outset of the November 10, 2008 claim construction hearing in Sun Microsystems, Inc. v. Network Appliance, Inc., C07-5488 EDL, the Court addressed the parties' joint report and proposed further modification of the term "incore root inode" to mean "a data structure, contained in memory, that includes a copy of the on-disk root inode; this copy need not be in a fixed location in memory." Sun agreed to this modification, and NetApp, having asked for time to consider the Court's proposal, has not objected to this modification. Pursuant to the parties's agreed-upon modification, as further modified by the Court, the construction of the term "incore root inode" from the '211 patent is hereby amended to be "a data v. SUN MICROSYSTEMS, INC., Defendant. / NETWORK APPLIANCE, INC., Plaintiff, No. C-07-06053 EDL ORDER REGARDING JOINT REPORT RE: CLAIM CONSTRUCTION OF "INCORE ROOT INODE" IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

structure, contained in memory, that includes a copy of the on-disk root inode; this copy need not be in a fixed location in memory."

IT IS SO ORDERED. Dated: March 2, 2009 ELIZABETH D. LAPORTE United States Magistrate Judge

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