Capella Photonics, Inc. v. Cisco Systems, Inc.

Filing 152

ORDER REGARDING JOINT CLAIM CONSTRUCTION STATEMENT. Signed by Judge Edward M. Chen on 1/13/15. (emclc1, COURT STAFF) (Filed on 1/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CAPELLA PHOTONICS, INC.,

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Plaintiff,

CONSOLIDATED CASES

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For the Northern District of California

United States District Court

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No. C-14-3348 EMC

CISCO SYSTEMS, INC., et al.

C-14-3349 EMC
C-14-3350 EMC
C-14-3351 EMC

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Defendants.
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ORDER REGARDING JOINT CLAIM
CONSTRUCTION STATEMENT

v.

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On January 12, 2015, the parties filed a joint claim construction statement. Docket No. 151.
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In the statement, Defendants represent that Plaintiff “willful[ly] violated” this Court’s patent local
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rules, and asks the Court to strike all of Plaintiff’s proposed constructions but one, and to further
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sanction Plaintiff as the Court deems appropriate. See id. at 3. Plaintiff did not respond to
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Defendants’ allegations in the joint statement.
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Plaintiff, for its part, asks the Court to strike “Defendants’ attempt to rely on statements from
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Plaintiff’s counsel as intrinsic evidence to support their proposed [claim] definitions.” Id. The
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Court will not strike any of the parties’ proposed constructions or otherwise impose any sanctions.
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In order to provide the parties sufficient time to prepare for the claim construction hearing in this
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case, the Court modifies the case schedule as follows:
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Claim Construction Opening Brief: February 23, 2015
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Claim Construction Opposition Brief: March 9, 2015
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Claim Construction Reply Brief: March 16, 2015

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Tutorial: April 3, 2015 (2:30 p.m.)

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Claim Construction Hearing: April 13, 2015 (2:30 p.m.)

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IT IS SO ORDERED.
Dated: January 13, 2015

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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