Cave Consulting Group, LLC v. Ingenix, Inc.

Filing 79

ORDER Regarding Supplemental Claim Construction Briefing. Briefs due by Friday, August 31, 2012. Signed by Judge Edward J. Davila on 08/10/2012. (ejdlc4, COURT STAFF) (Filed on 8/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Cave Consulting Group, Inc.,
Plaintiff,
v.

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Ingenix, Inc.,
United States District Court
For the Northern District of California

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Defendant.

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Case No. 5:11-CV-0469 EJD
ORDER REGARDING
SUPPLEMENTAL BRIEFING

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On August 9, 2012, the court held a claim construction hearing in this action. During this

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hearing, both parties suggested that additional briefing may be useful to the court. The court is

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interested in the parties’ positions as to (1) whether Dr. Cave disclaimed direct standardization

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during prosecution of the ’126 patent, (2) the legal relevance of the dependent claims in the ’126

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patent that teach direct standardization to the construction of the term “weighted episode of care

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statistics,” and (3) whether the terms “episode of care” and “episode treatment group” are

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functionally and/or legally distinguishable.

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Accordingly, IT IS HEREBY ORDERED that no later than Friday, August 31, 2012, the

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parties shall file briefs addressing these questions. These briefs shall not exceed fifteen pages. No

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responding briefs will be necessary or allowed.

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IT IS SO ORDERED.

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Dated: August 10, 2012

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_________________________________
EDWARD J. DAVILA
United States District Judge
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Case No.: 5:11-CV-0469 EJD
ORDER REGARDING SUPPLEMENTAL BRIEFING