Finisar Corporation v. Nistica, Inc.

Filing 55

ORDER SETTING HEARING FOR DEFENDANTS MOTION TO LIMIT THE NUMBER OF ASSERTED PATENT CLAIMS. Discovery Hearing set for 2/3/2014 09:30 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Signed by Magistrate Judge Jacqueline Scott Corley on 1/27/2014. (ahm, COURT STAFF) (Filed on 1/28/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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FINISAR CORPORATION,
Plaintiff,

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v.

Case No.: C-13-03345 YGR (JSC)
ORDER SETTING HEARING FOR
DEFENDANT’S MOTION TO LIMIT
THE NUMBER OF ASSERTED
PATENT CLAIMS

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NISTICA, INC.,
Defendant.

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In this patent infringement action Plaintiff served infringement contentions for 141 separate

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claims. Now pending before the Court are the following three motions filed by Defendant: 1) motion

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to limit the number of asserted patent claims; 2) motion to shorten time for briefing and hearing on

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Defendant’s motion to limit the number of asserted patent claims; and 3) motion to strike

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infringement contentions. (Dkt. Nos. 49-51.) The motions have been assigned to the undersigned

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magistrate judge for a report and recommendation. (Dkt. No. 54.)

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Federal Rule of Civil Procedure 1 commands courts to construe and administer the federal

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rules “to secure the just, speedy, and inexpensive determination of every action and proceeding.” To

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that end, the Court schedules an initial hearing on Defendant’s motion to limit the number of asserted

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patent claims for Monday, February 3, 2014 at 9:30 a.m. The parties shall arrive prepared to

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discuss what specific documents and other information is necessary to facilitate the reduction of the

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141 asserted claims in a nonrandom manner. Specifically, Plaintiff shall come prepared to discuss

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what information it needs to make an informed decision as to whether a particular asserted claim will

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remain in the case; Defendant shall also come prepared to discuss what information it can provide for

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each asserted claim that will allow Plaintiff to make its informed decision. The parties will meet and

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confer in the Court’s jury room and attempt to resolve the dispute on their own. If any dispute

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remains following the parties’ meet and confer, the Court will hear it at 2:30 p.m.

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Further, the Court suspends the briefing on Defendant’s motion to limit the asserted claims

Northern District of California

pending the February 3 hearing. The February 5, 2014 deadline to submit invalidity contentions is

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United States District Court

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also vacated. A new deadline will be discussed at the February 3 hearing. The Court also moves the

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hearing for Defendant’s motion to strike infringement contentions from March 4, 2014 to March 6,

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2014 at 9:00 a.m. The briefing schedule for the motion to strike remains in place given that neither

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party has moved to change those dates.

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This Order disposes of Docket Number 50.

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IT IS SO ORDERED.

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Dated: January 27, 2014
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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