Scientific Specialties Inc. v. Thermo Fisher Scientific Inc.

Filing 49

ORDER by Judge Whyte Continuing Hearing on Claim Construction and Defendant's Motion for Summary Judgment. (rmwlc2, COURT STAFF) (Filed on 9/11/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Scientific Specialties, Inc. ("Scientific Specialties") has sued defendant Thermo Fisher Scientific ("Thermo Fisher") in this action for infringement of United States Patent No. 5,722,553 (the "'553 Patent"), which is directed to an integral assembly of hollow tubes and seal caps. The parties' hearing on claim construction is presently scheduled for September 23, 2009, and the court directed at a Case Management Conference that summary judgment motions that turn on the court's construction of disputed claim terms would be heard concurrently on that day. On August 28, 2009 Thermo Fisher moved for summary judgment of non-infringement as to claims 1, 15, and 17 of the '553 Patent. Scientific Specialties has moved to continue the summary judgment hearing because 1) the motion was filed 26 days before the noticed hearing date, which is
ORDER CONTINUING HEARING ON CLAIM CONSTRUCTION AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT --No. C-08-05224 RMW JAS

E-FILED on

09/11/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SCIENTIFIC SPECIALTIES, INC., Plaintiff, v. THERMO FISHER SCIENTIFIC, INC., Defendant. AND RELATED COUNTERCLAIMS

No. C-08-05224 RMW

ORDER CONTINUING HEARING ON CLAIM CONSTRUCTION AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [Re Docket No. 45]

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

less than the 35 days normally required under Civil Local Rule 7-2(a); and 2) Scientific Specialties has not had an opportunity to conduct any discovery. Scientific Specialties therefore seeks to continue the hearing to allow it to conduct some written discovery and depose Thermo Fisher's supporting declarant. The court concludes that a continuance is warranted to allow Thermo Fisher's motion for summary judgment to be briefed in accordance with the Local Rules. The court therefore continues the hearing on claim construction and on Thermo Fisher's motion for summary judgment to November 3, 2009 at 9:00 a.m.. Scientific Specialties' opposition to Thermo Fisher's motion for summary judgment, and Thermo Fisher's reply, shall be filed as specified in Local Rule 7-4 according to the new hearing date. If Scientific cannot present facts sufficient to justify its opposition to Thermo Fisher's motion for summary judgment, it may oppose summary judgment by making a showing under Federal Rule of Civil Procedure 56(f) of the reasons why it cannot do so.

DATED:

09/11/09

RONALD M. WHYTE United States District Judge

ORDER CONTINUING HEARING ON CLAIM CONSTRUCTION AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT --No. C-08-05224 RMW JAS 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiff: Colby B. Springer Robert Joseph Yorio Tam Thanh Thi Pham Counsel for Defendants: Charles S. Crompton , III Tracey Lynn Orick J. Robert Chambers [e-mail] t [e-mail] [e-mail] c [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

09/11/09

JAS Chambers of Judge Whyte

ORDER CONTINUING HEARING ON CLAIM CONSTRUCTION AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT --No. C-08-05224 RMW JAS 3