Yufa v. TSI Incorporated

Filing 125

ORDER REGARDING TUTORIAL AND CLAIMS CONSTRUCTION HEARING. Claims Construction Hearing set for 9/27/2013 01:00 PM. Tutorial Hearing set for 9/6/2013 10:00 AM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 8/19/13. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 8/19/2013)

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United States District Court
Northern District of California

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ALEKSANDR L. YUFA,
Plaintiff,

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Case No.: CV 09-01315 KAW
ORDER REGARDING TUTORIAL AND
CLAIM CONSTRUCTION HEARING

v.
TSI INCORPORATED,
Defendant.

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United States District Court
Northern District of California

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The Court will hold the a tutorial on September 6, 2013 at 10:00 a.m. The Claim

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Construction hearing will be held on Friday, September 27, 2013 at 1:00 p.m.

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I. Tutorial

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At the Tutorial, each side will be permitted 30-45 minutes to present a summary of the

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background of the technology involved, an explanation of the nature of the problem the inventor

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sought to solve, and reference to the prior art in existence at the time of conception. The patent

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holder will make the first presentation. Visual aids are encouraged. The court prefers that

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someone other than counsel make the presentation. No argument or examination will be

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permitted. The proceeding is not recorded and statements made during the tutorial may not be

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cited as judicial admissions against a party.

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II. Claim Construction Hearing

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The Claim Construction Hearing will be limited to three hours. The patent holder will act

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as the moving party for the purposes of claim construction. The court will not ordinarily hear

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extrinsic evidence at the claim construction hearing. Should it become apparent that testimony

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will be necessary, counsel may request a telephone conference with the court within two weeks of

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the hearing to seek the court’s approval.

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Demonstrative exhibits and visual aids are permissible at the hearing as long as they are

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based on information contained in the papers already filed. Counsel shall exchange copies of

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exhibits no later than 48 hours prior to the hearing, and will provide the Court with two chambers

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copies of all exhibits no later than 24 hours prior to the hearing.

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III. Subsequent Case Management Conference

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Upon issuance of the claim construction ruling, the court will also set a date for a further

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case management conference. In the case management statement to be filed 7 calendar days prior

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to the conference, the parties must address the following topics:

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a) Anticipated post-claim construction discovery;

United States District Court
Northern District of California

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b) the filing of dispositive motions;

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c) if willful infringement has been asserted, whether the allegedly-infringing party wishes to

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rely on the advice of counsel defense. If so, the parties should be prepared to address proposals

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for resolving any attorney-client privilege issues that arise, and whether the parties believe

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bifurcation of the trial into liability and damages phases would be appropriate;

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d) the progress of settlement discussions, if any; and

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e) any other pretrial matters.

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IT IS SO ORDERED.

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Dated: August 19, 2013

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KANDIS A. WESTMORE
United States Magistrate Judge

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