LSI Corporation et al v. Funai Electric Company Ltd et al
Filing
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ORDER REGARDING CONSOLIDATED CLAIM CONSTRUCTION SCHEDULE. Tutorial Hearing set for 4/18/2016 02:30 PM and 4/19/2016 at 9:30 a.m. in Courtroom 5, 17th Floor, San Francisco. Claims Construction Hearing set for 5/2/2016, 5/3/2016 AND 5/6/2016 at 02:30 PM. Signed by Judge Edward M. Chen on 12/8/15. (bpf, COURT STAFF) (Filed on 12/8/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LSI Corporation, Agere Systems LLC, and
Avago Technologies General IP (Singapore)
Pte. Ltd.
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v.
Funai Electric Co., Ltd.; Funai Corporation,
Inc.; P&F USA, Inc.; and Funai Service
Corporation,
Defendants.
Avago Technologies General IP (Singapore)
Pte. Ltd.
Plaintiff,
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ORDER REGARDING CLAIM
CONSTRUCTION SCHEDULE
Plaintiffs,
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Case No. 15-cv-04307-EMC
Case No. 15-cv-04525-EMC
ORDER REGARIDNG CLAIM
CONSTRUCTION SCHEDULE
v.
ASUSTeK Computer, Inc. and ASUS
Computer International,
Defendants.
The Court adopts the parties' proposed schedule for claim construction in the two above
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related actions submitted by Plaintiffs LSI Corporation, Agere Systems LLC, and Avago
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Technologies General IP (Singapore) Pte. Ltd. (collectively “Plaintiffs”) and Defendants Funai
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Electric Co., Ltd., Funai Corporation, Inc., P&F USA, Inc.; and Funai Service Corporation
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(collectively “Funai”) and Defendants ASUSTeK Computer, Inc., and ASUS Computer
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International (collectively “ASUS”) (Funai and ASUS collectively “Defendants”.)
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The schedule applies to all patents (Common and Non-Common).
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12/21/2015
P.R. 4-1: Exchange proposed terms and claim elements for construction.
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01/11/2016
P.R. 4-2: Exchange proposed constructions and extrinsic evidence.
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02/05/2016
P.R. 4-3: File joint claim construction and pre-hearing statement.
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03/07/2016
P.R. 4-4: Completion of claim construction discovery.
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03/21/2016
P.R. 4-5(a): Opening claim construction brief.
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04/04/2016
P.R. 4-5(b): Joint Funai and ASUS Responsive claim construction brief.
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04/11/2016
P.R. 4-5(c): Reply claim construction brief.
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04/18/2016 (2:30 p.m.) Technology tutorial for the Common Patents with Defendants
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tutorial jointly presented by Funai and ASUS, followed by tutorial on Non-Common
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Patents on 4/19/2016 (9:30 a.m.)
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05/02/2016 (2:30 p.m.) Claim construction hearing for the Common Patents with
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Defendants arguments jointly presented by Funai and ASUS; followed by hearing on
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Non-Common Patents on 5/3/2016 (2:30 p.m.)
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More specifically, the technology tutorial will be held on 04/18/2016 at 2:30 p.m. and
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will start with the Common Patents and time permitting will move on to the Non-
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Common Patents for either the Funai Action or ASUS Action, with the technology
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tutorial for the remaining Non-Common Patents continuing on the following day—
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04/19/2016 at 9:30 a.m. The claim construction hearing will begin on 05/02/2016 at 2:30
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p.m. and will start with the claim terms for the Common Patents and time permitting will
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move on to the claim terms for the Non-Common Patents for either the Funai Action or
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ASUS Action, with the claim construction hearing for the remaining Non-Common
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Patents continuing on the following day—05/03/2016 at 2:30 p.m. The Court reserves
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05/06/2016 at 2:30 p.m. should a third day is required.
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As to briefing, the Court orders as follows:
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For the three Common Patents ('087 patent, '148 patent, and '663 patent):
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7 total terms to be construed from the three Common Patents.
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The Defendants will jointly brief, argue and provide the tutorial for the 7 claim terms from
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the three Common Patents.
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The final decision on which 7 total terms should be construed from the three Common
Patents to be broken down as follows: ASUS (2), Funai (2) and Plaintiffs (3).
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Pages for the briefing on the Common Patents: 20 pages for opening brief by Plaintiffs, 20
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pages for responding brief by Defendants jointly and 15 pages for reply brief by Plaintiffs.
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For the “Non-Common Patents in the ASUS Case” (’730 patent, ’387 patent, ’830 patent,
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and ’835 patent):
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4 total terms to be construed from the Non-Common Patents in the ASUS Case.
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Final decision on which 4 total terms should be construed from the Non-common Patents
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in the ASUS Case to be broken down as follows: ASUS (2) and Avago (2).
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Pages for ASUS Non-Common Patents: 15 pages for opening brief by Avago, 15 pages
for responding brief for ASUS and 10 pages for reply brief by Avago.
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Dates for ASUS Non-Common Patents: Avago and ASUS maintain the current Court
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claim construction schedule for the Non-Common Patents in the ASUS Case.
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For the “Non-Common Patents in the Funai Case” (‘867 patent and ‘959 patent):
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4 total terms to be construed from the Non-Common Patents in the Funai Case.
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Final decision on which 4 total terms should be construed from the Non-Common Patents
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in the Funai Case broken down as follows: Funai (2) and Plaintiffs (2).
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Pages for Funai Non-Common Patents: 15 pages for opening brief by Plaintiffs, 15 pages
for responding brief for Funai Defendants and 10 pages for reply brief by Plaintiffs.
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IT IS SO ORDERED.
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DATED: December 8, 2015
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________________________
EDWARD M. CHEN
United States District Judge
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