DUSA Pharmaceuticals, Inc. et al v. Verebelyi et al

Filing 8

ORDER FOR BRIEFING ON MARKMAN ISSUES, Set Hearings: Telephonic Motions Hearing set for 4/3/2007 10:00 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 3/22/07. (erv, )

DUSA Pharmaceuticals, Inc. et al v. Verebelyi et al

Doc. 8

Case 1:07-cv-00486-REB-MEH

Document 8

Filed 03/22/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 07-cv-00486-REB-MEH DUSA PHARMACEUTICALS, INC., a New Jersey corporation, and QUEEN'S UNIVERSITY AT KINGSTON, a Canadian academic Organization, Plaintiffs, vs. DAVID VEREBELYI, M.D., a Colorado resident, and AZURE MEDICAL P.C. a Colorado corporation, d/b/a AZURE MEDICAL SPA, P.C. and d/b/a AZURE MEDICA and d/b/a AZURE MEDICAL and d/b/a AZURE MEDICAL SPA, Defendants.

ORDER FOR BRIEFING ON MARKMAN ISSUES Blackburn, J. This matter is before the court sua sponte. In this patent infringement action, the court recognizes the need first to construe the claims of the patent before the case properly can proceed to resolution by trial, summary judgment, or otherwise. Therefore, I establish the following briefing schedule to govern resolution of these matters. IT IS ORDERED as follows: 1. That ninety days after the first answer is filed with the court by a defendant in this case, the parties SHALL FILE a joint claim construction statement setting forth the construction of claims and terms on which the parties agree and the construction of claims and terms on which the parties disagree for the patent or patents at issue; 2. That absent further order of the court, the joint claim construction statement SHALL BE LIMITED to fifteen (15) pages;

Dockets.Justia.com

Case 1:07-cv-00486-REB-MEH

Document 8

Filed 03/22/2007

Page 2 of 2

3. That the plaintiff's brief on claim construction SHALL BE FILED 30 days after the joint claim construction statement is filed; 4. That the deadlines for filing response and reply briefs SHALL BE AS PRESCRIBED under D.C.COLO.LCivR 7.1C; 5. That absent further order of the court, the plaintiff's brief on claim construction and the defendant's response brief SHALL BE LIMITED to twenty (20) pages. 6. That the parties SHALL CONVENE a telephonic motions' hearing setting conference with the court's administrative assistant, Ms. Susan Schmitz, on April 3, 2007, at 10:00 a.m. to establish a time for a possible Markman hearing; provided, furthermore, that plaintiff is responsible for initiating the call, which must include representatives of all the parties with authority to schedule matters in this case; 7. That based on the parties' submissions, the court will either rule on the papers, order further briefing, convene a Markman hearing, appoint a special master, or take such further action as the court in its discretion deems proper and necessary. Dated March 22, 2007, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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