Zions Bancorporation v. U.S. Ethernet Innovations LLC

Filing 113

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING MARKMAN HEARING Supplemental Claim Construction Brief due by 4/18/2012. Markman hearing set for 5/3/2012 09:00 AM. Signed by Judge James Ware on 4/2/12. (sis, COURT STAFF) (Filed on 4/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
U.S. Ethernet Innovations, LLC,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER VACATING CASE
MANAGEMENT CONFERENCE;
SETTING MARKMAN HEARING

Acer, Inc. et al.,

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NO. C 10-03724 JW
NO. C 10-05254 JW
NO. C 10-03481 JW

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AT&T, Inc., et al.,

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Defendants.

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Zions Bancorporation, et al.,

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Plaintiffs,
v.
U.S. Ethernet Innovations, LLC,
Defendant.
/

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This matter is scheduled for a Case Management Conference on April 9, 2012. On March

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30, 2012, the parties filed a Joint Case Management Statement. (hereafter, “Statement,” Docket

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Item No. 601 in No. C 10-03724 JW.) In the Statement, Defendants contend that the Court should

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conduct a Markman hearing to address the claim construction issues raised in the parties’

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supplemental claim construction briefing.1 (Id. at 7-8.) In addition, Defendants contend that the

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parties should also provide claim construction briefing for the following three terms: (1) “medium

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access task”; (2) “frame transfer task”; and (3) “host interface means.” (Id. at 8.) In particular,

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Defendants contend that these terms involve “many of the same issues that the Court is considering”

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in the course of construing certain terms that were the subject of the supplemental claim construction

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briefing. (Id.) In response, Plaintiff contends that there is “little justification” for a Markman

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hearing on the issues raised in the parties’ supplemental claim construction briefing, and that

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construction of the three terms proposed by Defendants for additional claim construction briefing

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“will not serve to further enlighten the Court’s consideration about how best to move this case
forward.” (Id. at 3-4.) Instead, Plaintiff contends that this matter should “move forward toward a

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For the Northern District of California

United States District Court

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merits determination” at this time. (Id. at 4.)

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Upon review, the Court finds that it would benefit from a Markman hearing on the

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supplemental claim construction briefing that has been filed by the parties. Further, the Court finds

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good cause to examine whether construction of the additional terms–namely, “medium access task,”

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“frame transfer task” and “host interface means”–is necessary in resolving these cases. Thus, in

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light of the pending claim construction proceedings, the Court finds that a Case Management

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Conference would be premature at this time. Accordingly, the Court VACATES the April 9

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Conference and ORDERS as follows:

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(1)

On or before April 18, 2012, the parties shall file supplemental simultaneous claim

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construction briefs for the following three terms: (a) “medium access task”; (b)

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“frame transfer task”; and (c) “host interface means.” On or before April 20, 2012,

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the parties shall deliver two chambers copies of the supplemental briefs in three-ring

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binders.

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On January 31, 2012, the Court issued its First Claim Construction Order in this case, in
which, inter alia, it required the parties to file supplemental claim construction briefing regarding
certain terms. (See First Claim Construction Order, Docket Item No. 586 in No. C 10-03724 JW.) On
March 15, 2012, the parties filed their supplemental claim construction briefing pursuant to the Court’s
First Claim Construction Order. (See Docket Item Nos. 596, 597 in No. C 10-03724 JW.)

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(2)

The Court sets May 3, 2012 at 9 a.m. for a Markman hearing. Each side will have

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ninety (90) minutes to present its argument. The Markman hearing shall address both

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the supplemental claim construction briefing submitted by the parties on March 15,

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2012, as well as the additional claim construction briefing discussed in this Order.

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Dated: April 2, 2012
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Andy Tindel [e-mail]
Anthony H. Son [e-mail]
Ashlea Pflug [e-mail]
Barry Kenneth Shelton [e-mail]
Benjamin Charles Elacqua [e-mail]
Brian Christopher Claassen [e-mail]
Bruce A Smith [e-mail]
Charlene Marie Morrow [e-mail]
Charles Ainsworth [e-mail]
Christopher Frederick Jeu [e-mail]
Christopher Needham Cravey [e-mail]
Christopher Ronald Noyes [e-mail]
Craig Steven Summers [e-mail]
Danny Lloyd Williams [e-mail]
Darryl Michael Woo [e-mail]
David J Healey [e-mail]
David J. Healey [e-mail]
David Lee Gann [e-mail]
David T McDonald [e-mail]
David T Pollock [e-mail]
Deron R Dacus [e-mail]
Dominic E. Massa [e-mail]
Douglas R. Young [e-mail]
E Joseph Benz [e-mail]
Eric Louis Toscano [e-mail]
Garland T. Stephens [e-mail]
Harold H Davis [e-mail]
Hector J. Ribera [e-mail]
Hiep Huu Nguyen [e-mail]
Hsiang H. Lin [e-mail]
Irfan A Lateef [e-mail]
Irfan Ahmed Lateef [e-mail]
Jack Wesley Hill [e-mail]
Jack Wesley Hill [e-mail]
James Patrick Brogan [e-mail]
Jason S Jackson [e-mail]
Jeffrey Fuming Yee [e-mail]
Jeffrey K. Joyner [e-mail]
Jennifer Parker Ainsworth [e-mail]
Jessica M. Kattula [e-mail]
John Christopher Herman [e-mail]
John K. Grant [e-mail]
John Philip Brinkmann [e-mail]
John W Thornburgh [e-mail]
Jonah D Mitchell [e-mail]
Jonah Dylan Mitchell [e-mail]
Jordan Jaffe [e-mail]
Karl J Kramer [e-mail]
Kevin P.B. Johnson [e-mail]
Kimball R Anderson [e-mail]
Kyle D Chen [e-mail]

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For the Northern District of California

United States District Court

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For the Northern District of California

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Kyung Kim [e-mail]
Lam Khanh Nguyen [e-mail]
Laura Katherine Carter [e-mail]
Lillian J Pan [e-mail]
Lionel Marks Lavenue [e-mail]
Mahmoud Munes Tomeh [e-mail]
Mark Daniel Selwyn [e-mail]
Marko R Zoretic [e-mail]
Matthew Clay Harris [e-mail]
Matthew J. Brigham [e-mail]
Michael J Newton [e-mail]
Michael J. Bettinger [e-mail]
Michael L Brody [e-mail]
Nicholas James Nugent [e-mail]
Patricia Kane Schmidt [e-mail]
Peter M Jones [e-mail]
Ray R. Zado [e-mail]
Richard T Ting [e-mail]
Robert Christopher Bunt [e-mail]
Robert M Parker [e-mail]
Roderick Bland Williams [e-mail]
Roger Brian Craft [e-mail]
Ruben Singh Bains [e-mail]
Ryan K. Walsh [e-mail]
Scott D. Baker [e-mail]
Scott Richard Mosko [e-mail]
Sean Sang-Chul Pak [e-mail]
Seth M Sproul [e-mail]
Seth McCarthy Sproul [e-mail]
Steven S. Baik [e-mail]
Thomas J. Friel [e-mail]
Thomas John Ward [e-mail]
Thomas John Ward [e-mail]
Timothy Paar Walker [e-mail]
Todd Richard Gregorian [e-mail]
William F. Lee [e-mail]

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Dated: April 2, 2012

Richard W. Wieking, Clerk

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By:
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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy