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