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

Filing 138

ORDER SETTING BRIEFING ON ADDITIONAL CLAIM CONSTRUCTION Claim Construction Briefs due by 10/13/11. Case Management Statement due by 10/28/2011. Case Management Conference set for 11/21/2011 10:00 AM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge James Ware on 10/6/11. (sis, COURT STAFF) (Filed on 10/6/2011)

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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 SETTING BRIEFING ON ADDITIONAL CLAIM CONSTRUCTION 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 / On September 14, 2011, the Court ordered the parties to submit supplemental briefs on the 16 question of whether the Court should construe additional terms identified by the parties as being 17 disputed.1 Defendants submitted briefing contending that the Court should construe the phrases “to 18 switch the power switch” and “current limit” on the grounds that these terms might be dispositive as 19 to questions of patent validity or infringement.2 Plaintiff contends that even if the Court were to 20 adopt the claim constructions offered by Defendants, this would not be dispositive of either 21 invalidity or infringement.3 Plaintiff accordingly asks that the case be set for trial. (Id.) 22 23 24 1 25 26 27 (Order Vacating Case Management Conference; Setting Briefing Schedule, hereafter, “Order,” Docket Item No. 134.) 2 (Defendants’ Brief in Support of Supplemental Claim Construction, hereafter, “Defendants’ Brief,” Docket Item No. 135.) 3 28 (Power Integrations’ Brief re. No Need for Further Claim Construction at 4, hereafter, “Plaintiff’s Brief,” Docket Item No. 137.) 1 The Patent Local Rules provide that parties shall prepare for claim construction by “jointly 2 identify[ing] the 10 terms likely to be most significant to resolving the parties’ dispute, including 3 those terms for which construction may be case or claim dispositive.” Patent L.R. 4-1(b). 4 Upon review, the Court finds good cause to construe the additional terms because they may 5 be dispositive in resolving the claims. On or before October 13, 2011, the parties shall file 6 simultaneous claim construction briefs of no more than ten pages on the two terms. Unless 7 otherwise ordered by the Court, the matter will be taken under submission for decision without oral 8 argument. 9 On November 21, 2011 at 10 a.m. the parties shall appear for a Case Management Conference. On or before October 28, 2011, the parties shall submit a Joint Case Management 11 For the Northern District of California United States District Court 10 Statement. The Statement shall include, among other things, the parties’ proposed schedule on how 12 this case should proceed and an update on the parties’ settlement efforts. 13 14 Dated: October 6, 2011 15 JAMES WARE United States District Chief Judge 16 17 18 19 20 21 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 Jeremiah Aaron Armstrong jarmstrong@mwe.com Jeremy Todd Elman jelman@mwe.com Jeremy Todd Elman jelman@mwe.com Michael Richard Headley headley@fr.com 3 4 5 6 7 8 Dated: October 6, 2011 Richard W. Wieking, Clerk 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 By: /s/ JW Chambers Susan Imbriani Courtroom Deputy

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