Honeywell International Inc. v. Shanghai Pegasus Materials Co., LTD et al

Filing 15

ORDER SETTING HEARING UNDER FED. R. CIV. P. 16: Hearing set for 4/29/2010 01:30 PM in Courtroom A 701 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 2/25/10. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-00847-PAB-CBS HONEYW ELL INTERNATIONAL INC., Plaintiff, v. SHANGHAI PEGASUS MATERIALS CO., LTD, a Chinese company, and DA-TEC INDUSTRY LTD, a Chinese company, Defendants. _____________________________________________________________________ ORDER SETTING HEARING UNDER FED. R. CIV. P. 16 _____________________________________________________________________ This matter comes before the Court upon a Complaint filed by the Plaintiff alleging the infringement of a patent. In light thereof, a hearing pursuant to Fed. R. Civ. P. 16 is appropriate. It is ORDERED: 1. That a hearing is set for April 29, 2010 at 1:30 p.m. in Courtroom A701 at

the United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel shall bring their calendars. This is not a scheduling conference. The parties should not submit a proposed scheduling order. 2. That prior to the hearing, the parties shall meet and confer about the

following issues and be prepared to address them at the hearing: · · W hether there are issues of claim construction. W hether a hearing will be required under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996).

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If a Markman hearing is required, whether discovery is necessary prior to such hearing. If so, what discovery is required. (This hearing does not substitute for a scheduling conference before the Magistrate Judge.) W hether there are any other issues or impediments to the setting of a Markman hearing. Other appropriate issues enumerated in Fed. R. Civ. P. 16(c).

DATED February 25, 2010. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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