Aurora, Colorado, City of v. PS Systems, Inc. et al

Filing 181

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 5/6/2010 Taking Under Advisement 57 Motion for Summary Judgment; Taking Under Advisement 59 Motion for Summary Judgment. Taking Under Advisement 149 Motio n to Dismiss for Lack of Jurisdiction. ORDERED: Counsel may file supplemental briefs limited to 10 pages regarding the motion to dismiss by 5/27/10. Motion Hearing set for 6/4/2010 08:00 AM before Judge Philip A. Brimmer. (Court Reporter Janet Coppock) (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: May 6, 2010 Time: one hour and 56 minutes

CASE NO. 07-cv-02371-PAB-BNB Parties CITY OF AURORA, Plaintiff (s), vs. PS SYSTEMS, INC., RAR GROUP, LLC, and GRIMM CONSTRUCTION COMPANY, INC., Defendant (s). Peter Gergely Counsel Martha Bauer

MOTIONS HEARING 8:35 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Opening remarks by the Court indicating how this hearing will proceed.

Page Two 07-cv-02371-PAB-BNB May 6, 2010 Plaintiff's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 6,840,710 (Doc #57), filed 10/7/08. 8:40 a.m. 8:54 p.m. 9:12 a.m. 9:19 a.m. Argument by Ms. Bauer. Questions by the Court. Argument by Mr. Gergely. Questions by the Court. Rebuttal argument by Ms. Bauer. Rebuttal argument by Mr. Gergely.

Plaintiff's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 7,192,218 (Doc #59), filed 10/8/08. 9:20 a.m. 9:33 a.m. 9:47 a.m. 9:52 p.m. 9:55 a.m. 10:14 a.m. Argument by Ms. Bauer. Questions by the Court. Argument by Mr. Gergely. Questions by the Court. Rebuttal argument by Ms. Bauer. Rebuttal argument by Mr. Gergely. COURT IN RECESS COURT IN SESSION

Plaintiff's Motion to Dismiss For Lack Of Jurisdiction (Doc #149), filed 4/12/10. 10:15 a.m. 10:26 a.m. Argument by Ms. Bauer. Questions by the Court. Argument by Mr. Gergely. Questions by the Court.

Court determines that plaintiff's motion to dismiss for lack of jurisdiction should not be limited to subject matter jurisdiction. ORDERED: Counsel may file supplemental briefs, if they choose, limited to 10 pages, given the fact that the Court is not limiting the motion to dismiss on the issue of subject matter jurisdiction by May 27, 2010.

Page Three 07-cv-02371-PAB-BNB May 6, 2010 ORDERED: Motions taken under advisement. ORDERED: Hearing to address infringement, equivalence theories, motion to dismiss and the order of presentation at trial is scheduled for June 4, 2010 at 8:00 a.m. 10:50 a.m. COURT IN RECESS 116 minutes

Total in court time: Hearing concluded