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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 8 Cave Consulting Group, Inc., Plaintiff, v. 9 Ingenix, Inc., United States District Court For the Northern District of California 10 Defendant. 11 12 ) ) ) ) ) ) ) ) ) ) ) Case No. 5:11-CV-0469 EJD ORDER REGARDING SUPPLEMENTAL BRIEFING 13 14 On August 9, 2012, the court held a claim construction hearing in this action. During this 15 hearing, both parties suggested that additional briefing may be useful to the court. The court is 16 interested in the parties’ positions as to (1) whether Dr. Cave disclaimed direct standardization 17 during prosecution of the ’126 patent, (2) the legal relevance of the dependent claims in the ’126 18 patent that teach direct standardization to the construction of the term “weighted episode of care 19 statistics,” and (3) whether the terms “episode of care” and “episode treatment group” are 20 functionally and/or legally distinguishable. 21 Accordingly, IT IS HEREBY ORDERED that no later than Friday, August 31, 2012, the 22 parties shall file briefs addressing these questions. These briefs shall not exceed fifteen pages. No 23 responding briefs will be necessary or allowed. 24 25 IT IS SO ORDERED. 26 Dated: August 10, 2012 27 28 _________________________________ EDWARD J. DAVILA United States District Judge 1 Case No.: 5:11-CV-0469 EJD ORDER REGARDING SUPPLEMENTAL BRIEFING

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