U.S. Ethernet Innovations, LLC v. Acer, Inc. et al

Filing 497

ORDER FOLLOWING TUTORIAL HEARING; ORDER RELATING CASES FOR CLAIM CONSTRUCTION PURPOSES. Although it is the Court's practice to not relate cases that are already assigned to it, the Court orders that C 10-5254 JW be related to C 10-3724 for the p urposes of claim construction coordination. The Court lifts the stay imposed in C 10-5254 JW so that the parties in the AT&T case can meet and confer with the Defendants in the Acer case and participate in the claim construction process. Joint Case Management Statement due by 3/18/2011. Case Management Conference set for 3/28/2011 10:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 3/7/2011. (ecg, COURT STAFF) (Filed on 3/7/2011)

U.S. Ethernet Innovations, LLC v. Acer, Inc. et al

Doc. 497

1 2 3 4 5 6 7 8 9 10 U.S. Ethernet Innovations, LLC, Plaintiff, v.
For the Northern District of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 10-03724 JW NO. C 10-05254 JW ORDER FOLLOWING TUTORIAL HEARING; ORDER RELATING CASES FOR CLAIM CONSTRUCTION PURPOSES /

United States District Court

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Acer, Inc., et al., 13 14 AT&T, Inc., et al., 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) /

On February 25, 2011, the Court conducted a tutorial of the patents-in-suit. In light of the parties' presentations at the tutorial and the discussion at the conference, the Court ORDERS as follows: (1) Upon review and consideration of the technology involved and the nature of the dispute, the Court finds a single Markman to construe all the disputed claims would be more efficient than any bifurcation at this time. Thus, the Court will conduct a claim construction hearing and issue a Claim Construction Order that will serve as the law of the case prior to bifurcation. Once the Claim Construction is issued, the Court will invite cross-briefing from the parties to address the issues identified at the tutorial, namely, remedy exhaustion and direct versus indirect infringement of the patents-in-suit and any other additional issues the Court may identify following the claim construction hearing;

Dockets.Justia.com

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(3)

Although it is the Court's practice to not relate cases that are already assigned to it, the Court orders that C 10-5254 JW be related to C 10-3724 for the purposes of claim construction coordination. The Court lifts the stay imposed in C 10-5254 JW so that the parties in the AT&T can meet and confer with the Defendants in the Acer case and participate in the claim construction process.

(4)

On March 28, 2011 at 10 a.m., the Court will conduct an Initial Case Management Conference.

(5)

On or before March 18, 2011, the parties shall meet and confer and submit a Joint Statement and Proposed Schedule in accordance with Patent L.R. 2-1. Specifically, the parties shall address the timing and structure of the claim construction briefing and presentation. In particular, the Court is concerned with which Defendants will take an active role in the claim construction process. Defendants shall meet and confer and if feasible, designate lead attorneys who will represent the interests of all Defendants at the Markman.

United States District Court

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For the Northern District of California

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Dated: March 7, 2011 JAMES WARE United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 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 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] 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] Kyung Kim [e-mail] Lam Khanh Nguyen [e-mail] 3

United States District Court

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For the Northern District of California

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United States District Court

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For the Northern District of California

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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 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] Timothy Paar Walker [e-mail] William F. Lee [e-mail] Dated: March 7, 2011 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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