Power Integrations, Inc. v. Fairchild Semiconductor International, Inc. et al

Filing 134

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING BRIEFING SCHEDULE Briefs due by 9/27/2011. Signed by Judge James Ware on 9/14/11. (sis, COURT STAFF) (Filed on 9/14/2011)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION NO. C 09-05235 JW Power Integrations, Inc., 11 ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING BRIEFING SCHEDULE Plaintiff, v. For the Northern District of California United States District Court 10 12 Fairchild Semiconductor Int’l, Inc., et al., 13 Defendants. 14 15 / This case is scheduled for a Case Management Conference on September 19, 2011. On 16 September 9, 2011, the parties filed a Joint Case Management Statement. (See Docket Item No. 17 133.) In the Statement, Defendant Fairchild contends that the Court should construe three further 18 terms1 that have been identified by the parties as disputed, on the grounds that there is “good cause 19 for supplemental construction” because Defendant Fairchild has requested the supplemental 20 construction “diligently,” and because doing so would not prejudice Plaintiff.2 (Id. at 2-3.) Plaintiff 21 contends that no further claim construction proceedings “are necessary at this juncture.” (Id. at 2.) 22 The Patent Local Rules provide that parties shall prepare for claim construction by “jointly 23 identify[ing] the 10 terms likely to be most significant to resolving the parties’ dispute, including 24 those terms for which construction may be case or claim dispositive.” Patent L.R. 4-1(b). The 25 1 26 27 28 The additional terms proposed by Defendant Fairchild for supplemental construction are: (1) “to switch the power switch”; (2) “feedback signal”; and (3) “current limit.” (Id. at 2.) 2 The Court has already construed thirteen disputed terms in two previous Claim Construction Orders. (See First Claim Construction Order, Docket Item No. 128; Second Claim Construction Order, Docket Item No. 132.) 1 Local Rules further require the parties to identify “the terms whose construction will be most 2 significant to the resolution of the case up to a maximum of 10.” Id. 4-3(c) (emphasis added). 3 Upon review, the Court does not find good cause to order a supplemental claim construction 4 proceeding at this time, insofar as the parties’ Joint Case Management Statement does not offer any 5 contentions as to why construing the three additional terms proposed for supplemental construction 6 by Defendant Fairchild would be “most significant to the resolution of the case.” Accordingly, the 7 Court ORDERS as follows: 8 (1) On or before September 27, 2011, the parties shall file simultaneous briefs, not to a supplemental Claim Construction Hearing as to the three additional terms proposed 11 For the Northern District of California exceed ten pages in length, addressing the issue of whether the Court should conduct 10 United States District Court 9 for supplemental construction by Defendant Fairchild. The briefs shall clearly set 12 forth reasons why the three terms would be significant to resolving the parties’ 13 dispute. Upon completion of the briefing, the Court will take the matter under 14 submission without oral argument. See Civ. L.R. 7-1(b). 15 (2) The September 19 Conference is VACATED. The Court will set a further Case 16 Management Conference in its Order addressing the parties’ simultaneous briefs 17 regarding the issue of whether the Court should conduct a supplemental Claim 18 Construction Hearing. 19 20 21 Dated: September 14, 2011 JAMES WARE United States District Chief Judge 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Anthony R. de Alcuaz adealcuaz@mwe.com Frank Everett Scherkenbach scherkenbach@fr.com Howard Glenn Pollack pollack@fr.com Jeremy Todd Elman jelman@mwe.com Jeremy Todd Elman jelman@mwe.com Michael Richard Headley headley@fr.com 3 4 5 6 Dated: September 14, 2011 Richard W. Wieking, Clerk 7 By: 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers Susan Imbriani Courtroom Deputy

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?