Cisco Systems, Inc. v. Teleconference Systems, LLC et al

Filing 256

ORDER REGARDING REQUEST TO FILE EXTRINSIC EVIDENCE. Claims Construction Hearing set for 10/25/2011 01:00 PM. Tutorial Hearing set for 10/18/2011 01:00 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 7/7/11. (jjoS, COURT STAFF) (Filed on 7/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CISCO SYSTEMS, INC.,

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For the Northern District of California

United States District Court

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No. C 09-01550 JSW

Plaintiff,
v.
TELECONFERENCE SYSTEMS, LLC, et al.,

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ORDER REGARDING REQUEST
TO FILE EXTRINSIC EVIDENCE

Defendants.

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No. C 10-01325 JSW

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TELECONFERENCE SYSTEMS, LLC,
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Plaintiff,
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v.
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TANDBERG, INC., et al.,
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Defendants.
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No. C 10-05740 JSW
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TELECONFERENCE SYSTEMS, LLC,
Plaintiff,

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v.
AT&T CORP., et al.,
Defendants.
/

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Now before the Court is the request by Teleconference Systems, LLC and Margalla

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Communications, Inc. (“Plaintiffs”) for leave to file extrinsic evidence. The Court HEREBY

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GRANTS IN PART and DENIES IN PART Plaintiffs’ motion. To the extent Plaintiffs seek to

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file excepts of Mr. Klausner’s deposition transcript which are responsive to Defendants’

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questioning of Mr. Klausner and Mr. Klausner’s responses were referenced by Defendants in

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their claim construction briefing, Plaintiffs may file such extrinsic evidence. However,

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Plaintiffs’ motion is denied to the extent their requested evidence exceeds this scope.

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Moreover, to the extent Plaintiffs seek to rely on this additional deposition testimony in support

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of their claims construction briefing, Plaintiffs shall file revised briefs incorporating the relevant
evidence. Defendants will have an opportunity to file a revised brief as well to respond to

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For the Northern District of California

United States District Court

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Plaintiffs’ additional evidence. To the extent Defendants find that Plaintiffs rely on evidence

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beyond the scope permitted by this Order, Defendants may object to such evidence.

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Therefore, the Court FURTHER ORDERS as follows: The Parties shall file a revised

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joint claim construction statement in accordance with this Order by no later than July 29, 2011.

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Plaintiffs shall file a revised opening claims construction brief by no later than August 12, 2011.

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Defendants shall file a revised claims construction opposition by no later than September 2,

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2011. Plaintiffs shall file a revised claims construction reply by no later than September 16,

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2011. The tutorial and claims construction hearing are CONTINUED to October 18, 2011 at

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1:00 p.m. and October 25, 2011 at 1:00 p.m., respectively.

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IT IS SO ORDERED.

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Dated: July 7, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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