Thought, Inc. v. Oracle Corporation et al

Filing 67

ORDER RE NUMBER OF TERMS THE COURT WILL CONSTRUE AND ASSOCIATED PROCEDURES FOR THE CLAIM CONSTRUCTION BRIEFING AND HEARING re 66 Joint MOTION.Tutorial Hearing set for 6/20/2014 09:00 AM and Claims Construction Hearing set for 6/27/2014 09:00 AM, both in Courtroom 12, 19th Floor, San Francisco. Signed by Judge William H. Orrick on 12/30/2013. (jmdS, COURT STAFF) (Filed on 12/30/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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THOUGHT, INC., a California corporation,
Plaintiff,

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v.

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ORACLE CORPORATION, a Delaware
corporation; ORACLE AMERICA, INC. a
Delaware corporation; and ORACLE
INTERNATIONAL CORPORATION, a
California corporation,

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Defendants.

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Civil Action No. C12-5601 WHO
ORDER RE NUMBER OF TERMS THE
COURT WILL CONSTRUE AND
ASSOCIATED PROCEDURES FOR THE
CLAIM CONSTRUCTION BRIEFING
AND HEARING
Date:
February 5, 2014
Time:
2:00 p.m.
Courtroom: 2, 17th Floor
Honorable William H. Orrick

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ORDER RE NUMBER OF TERMS THE COURT WILL CONSTRUE AND ASSOCIATED
PROCEDURES FOR THE CLAIM CONSTRUCTION BRIEFING AND HEARING, CASE NO.
C12-5601 WHO

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The Court, having reviewed and considered the parties Joint Administrative Motion on the

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Number of Terms the Court Will Construe and Associated Procedures for the Claim Construction

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Briefing and Hearing, orders that:

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The Court will receive briefing on up to 20 terms, as set forth in the Joint Claim
Construction and Prehearing Statement (Dkt. 64).

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Thought will be allowed up to 40 pages in its opening brief, due February 13, 2014.

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Oracle will be allowed up to 40 pages in its responsive brief, due March 13, 2014.

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Thought will be allowed up to 24 pages in its reply brief, due March 28, 2014.

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After receipt of Thought’s reply brief, Oracle may seek leave of Court to file a sur-reply and

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Thought may oppose such a motion.

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The technical tutorial is set for June 20, 2014, at 9 a.m. in Courtroom 12 .

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The claim construction hearing is set for June 27, 2014 at 9 a.m. in Courtroom 12.

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The hearing is set for no more than three hours.

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The parties may present live expert testimony at the claim construction hearing, but only

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with respect to indefiniteness under 35 U.S.C. § 112 ¶ 2 and as to the sufficiency of structure for the

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purposes of 35 U.S.C. 112 ¶ 6 analysis. The parties must disclose terms for which they will offer

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live expert witness testimony ten court days before the claim construction hearing. The parties may

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proffer expert testimony by deposition or, if declaration testimony is included in a party’s claim

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construction brief, by declaration. The parties shall exchange designations of deposition testimony

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ten court days before the hearing, and counter-designations shall be exchanged five court days

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before the hearing.

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IT IS SO ORDERED.

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DATED: December 30, 2013

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Honorable William H. Orrick
United States District Judge

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ORDER RE NUMBER OF TERMS THE COURT WILL CONSTRUE AND ASSOCIATED
PROCEDURES FOR THE CLAIM CONSTRUCTION BRIEFING AND HEARING, CASE NO.
C12-5601 WHO

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