Lotes Co, LTD v. Hon Hai Precision Industry Co, Ltd et al

Filing 245

ORDER RE CLAIM CONSTRUCTION PURSUANT TO CASE MANAGEMENT ORDER. Signed by Judge Alsup on 1/23/2017. (whalc2, COURT STAFF) (Filed on 1/23/2017)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 LOTES CO., LTD., Plaintiff, For the Northern District of California United States District Court 10 11 No. C 11-01036 WHA v. 13 HON HAI PRECISION INDUSTRY CO., LTD., and FOXCONN ELECTRONICS, INC., 14 ORDER RE CLAIM CONSTRUCTION PURSUANT TO CASE MANAGEMENT ORDER Defendants. 12 / 15 16 There seems to be some confusion in this matter regarding proper procedures for claim 17 construction hearings pursuant to paragraphs 14 and 15 of the case management order. 18 Paragraph 14 provides, “Instead of a stand-alone claim construction hearing, claim construction 19 will . . . be done on summary judgment or at trial in setting the jury instructions.” Paragraph 15 20 sets forth page limits and other procedural rules for summary judgment motions (Dkt. No. 228 21 at 4–5). This order clarifies that paragraph 15 applies regardless of whether a party chooses to 22 include arguments about claim construction in summary judgment briefing. The case 23 management order does not, however, obviate the parties’ responsibility to comply with Patent 24 Local Rules, e.g., regarding claim construction exchanges, discovery, and briefing. 25 26 IT IS SO ORDERED. 27 28 Dated: January 23, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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