Case Logic, Inc. v. Trans World Entertainment Corporation et al

Filing 6

ORDER FOR BRIEFING ON MARKMAN ISSUES, Set Hearings: Telephonic Motions Hearing setting Conference set for 7/2/2007 at 10:00 AM with the Court's administrative assistant, Ms Susan Schmitz, to establish a time for a possible Markman hearing. Signed by Judge Robert E. Blackburn on 5/30/07. (erv, )

Case Logic, Inc. v. Trans World Entertainment Corporation et al

Doc. 6

Case 1:07-cv-01095-REB

Document 6

Filed 05/30/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 07-cv-01095-REB-CBS CASE LOGIC, INC., a Colorado corporation, Plai nti ff, vs. TRANS WORLD ENTERTAINMENT CORPORATION, a New York corporation, and STARITE INDUSTRIES, INC., a foreign corporation, 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 no later than 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

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Case 1:07-cv-01095-REB

Document 6

Filed 05/30/2007

Page 2 of 2

SHALL BE LIMITED to fifteen (15) pages; 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 (303-3352350), on July 2, 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 May 30, 2007, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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