Alzheimer's Institute of America v. Elan Corporation PLC et al

Filing 239

ORDER VACATING CLAIM CONSTRUCTION TUTORIAL AND HEARING DATES. Signed by Judge Elizabeth D Laporte on 09/09/2011. (kns, COURT STAFF) (Filed on 9/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALZHEIMER’S INSTITUTE OF AMERICA,

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United States District Court
For the Northern District of California

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Plaintiff,
v.

No. C-10-482-EDL
ORDER VACATING CLAIM
CONSTRUCTION TUTORIAL AND
HEARING DATES

ELAN CORPORATION PLC, et al.,
Defendants.

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In the parallel case of Alzheimer’s Institute of America, Inc. v. Avid Radiopharmaceuticals, et
al., C-10-6908 (E.D. Pa.), a Pennsylvania District Court recently denied AIA and Avid’s crossmotions for summary and intends to hold an early trial on the issue of standing. This Court
requested input from the parties on the impact of the Pennsylvania District Court’s decision on this
case, and in particular on the Court’s current claim construction schedule. The parties agree that the
claim construction deadlines in this case should be continued.
The parties shall provide the Court with a further update regarding claim construction
scheduling within one week of the Pennsylvania District Court’s scheduling order setting trial on the
standing issue. The tutorial set for November 3, 2011 and the claim construction hearing set for
November 14, 2011 are hereby VACATED.
IT IS SO ORDERED.
Dated: September 9, 2011
ELIZABETH D. LAPORTE
United States Magistrate Judge