Nautilus, Inc. v. I M & M Exercise Equipment, Inc.

Filing 5

ORDER, Set Hearings: Telephonic Motion Hearing set for 9/28/2007 10:00 AM with the Court's Administrative Assistant Susan Schmitz. to schedule a time for a possible Markman Hearing. Signed by Judge Robert E. Blackburn on 8/28/07desktop. (erv, )

Nautilus, Inc. v. I M & M Exercise Equipment, Inc.

Doc. 5

Case 1:07-cv-01779-REB

Document 5

Filed 08/28/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 07-cv-01779-REB-CBS NAUTILUS, INC., Plai nti ff, vs. I M & M EXERCISE EQUIPMENT, INC., d/b/a EXTREME FITNESS Defendant.

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 patents 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 or other response, e.g., motion to dismiss, etc., to the complaint is filed with the court by the 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 each of the patents at issue; 2. That absent further order of the court, the joint claim construction statement

Dockets.Justia.com

Case 1:07-cv-01779-REB

Document 5

Filed 08/28/2007

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, on September 28, 2007, at 10:00 a.m., to schedule a time for a possible Markman hearing; provided, furthermore, that counsel for the plaintiff shall arrange, initiate, and coordinate the conference call necessary to facilitate the setting conference; 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 August 28, 2007, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

2