THX, Ltd. v. Apple, Inc.

Filing 234


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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SLOT SPEAKER TECHNOLOGIES, INC., Case No. 13-cv-01161-HSG Plaintiff, 8 ORDER GRANTING MOTION TO SUPPLEMENT RECORD ON CLAIM CONSTRUCTION v. 9 10 APPLE, INC., Re: Dkt. No. 202 Defendant. United States District Court Northern District of California 11 12 13 On November 1, 2016, Plaintiff Slot Speaker Technologies, Inc. (“SST”) filed a motion to 14 supplement the record on claim construction with testimony of Justin Crosby (“Motion to 15 Supplement”). Dkt. No. 202. On November 4, 2016, before the briefing on the Motion to 16 Supplement was complete, the Court issued its claim construction order. See Dkt. No. 206. The 17 Court’s claim construction order ruled in SST’s favor with respect to the term addressed by 18 Crosby’s testimony. See id. However, the parties were unable to stipulate to the withdrawal of 19 SST’s Motion to Supplement. See Dkt. No. 210 at 4. 20 21 * * * SST represents that Crosby’s testimony is relevant to the construction of “narrow sound 22 duct” and that SST acted diligently in pursuing the Crosby testimony and moving the Court to 23 supplement the record once Crosby’s testimony was obtained. See generally Dkt. No. 202. 24 Courts in this district have permitted supplementation of the claim construction record with 25 documents produced in discovery after the claim construction hearing has occurred. See e.g., 26 Tristrata, Inc. v. Microsoft Corp., No. 11-CV-03797-JST, 2013 WL 5645984, at *9 (N.D. Cal. 27 Oct. 16, 2013), aff’d, 594 F. App’x 653 (Fed. Cir. 2014). The Court notes that the Crosby 28 testimony would not have affected its construction of “narrow sound duct.” However, despite 1 seeing little practical import for the trial court litigation, the Court GRANTS the Motion to 2 Supplement. The Court leaves to the court of appeals the decision of whether to assess the 3 ultimate significance (if any) of the testimony in construing the claim at issue. 4 5 6 7 IT IS SO ORDERED. Dated: 1/4/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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