Wang v. Palo Alto Networks, Inc. et al

Filing 103

ORDER RE CLAIM CONSTRUCTION. Joint statement due February 4.. Signed by Judge Alsup on January 30, 2014. (whalc1, COURT STAFF) (Filed on 1/30/2014)

1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8
9

QIANG WANG,

United States District Court
For the Northern District of California

10
11
12
13

No. C 12-05579 WHA

Plaintiff,
v.

ORDER RE CLAIM CONSTRUCTION

PALO ALTO NETWORKS, NIR ZUK, and
FENGMIN GONG,
Defendants.

14

/

15
16
17
18
19
20
21
22
23
24
25
26
27
28

In this misappropriation of trade secrets action with a patent infringement claim, the
parties have briefed nine terms to construe. On January 29, plaintiff represented in a reply
brief that the parties “now dispute the construction of eight terms” (Dkt. No. 102). Plaintiff
also amended its proposed constructions for five terms to “address [Palo Alto Networks’]
concerns.” As explained in a February 2013 case management order (amended by an August
2013 case management order), in the undersigned judge’s experience, most patent cases turn
on the meaning of only a few phrases (Dkt. Nos. 43, 88). A September 2013 order stated:
“[f]or the claim-construction hearing, the parties must isolate no more than four phrases in all
claims at issue and limit the hearing to those phrases” (Dkt. No. 94).
Accordingly, by NOON ON FEBRUARY 4, the parties shall file a joint statement
identifying no more than FOUR DISPUTED PHRASES (and proposed constructions) in all claims
at issue and limit the hearing to those phrases. The statement shall explain that counsel has
met and conferred in person or via telephone and tried in good faith to resolve the disputed
constructions.

1

If (and only if) any of the agreed upon four disputed phrases include phrases for which

2

plaintiff has amended its proposed construction, defendants may file a sur-reply (not to exceed

3

SEVEN PAGES)

4

FEBRUARY 11 and the claim construction hearing is set for FEBRUARY 26.

by NOON ON FEBRUARY 7. As a reminder, the tutorial is scheduled for

5
6

IT IS SO ORDERED.

7
8

Dated: January 30, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2