Precision Concrete Cutting, Inc. v. Sidewalk Shavers, LLC et al

Filing 30

ORDER. Plaintiff's opening brief on Claim Construction due 12/18/09, defendant's responsive Brief due 1/22/10, plaintiff's reply brief due 2/19/10. Markman Hearing set for 4/22/2010 at 9:00 a.m. before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 7/31/09. (gmssl, ) Modified on 8/3/2009 to add time of the hearing(gms, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:09-cv-00856-PAB-KLM PRECISION CONCRETE CUTTING, INC., a Utah corporation, Plaintiff, v. CONCRETE SIDEWALK SOLUTIONS, INC. D/B/A SIDEWALK SHAVERS OF COLORADO, a Colorado corporation. Defendants. ______________________________________________________________________ ORDER SETTING MARKMAN HEARING SCHEDULE ______________________________________________________________________ On July 17, 2009, this matter came before the Court for a conference pursuant to Fed. R. Civ. P. 16 to determine whether a hearing under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), is required and to set a briefing schedule for claim construction. In light of that hearing, it is ORDERED: That a Markman hearing will be conducted according to the following schedule: a. The parties shall simultaneously exchange each party's list of claim terms needing to be construed by the Court on or before December 4, 2009. b. The parties shall simultaneously exchange each party's "Preliminary Claim Construction" and identification of Section 112 ¶ 6 structure on or before December 11, 2 0 0 9.

c. The parties shall exchange each party's preliminary identification of extrinsic evidence on or before December 11, 2009. d. Plaintiff's Opening Brief on Claim Construction shall be submitted on or before December 18, 2009. e. Defendant's Responsive Brief on Claim Construction shall be submitted on or before January 22, 2010. f. Plaintiff's Reply Brief on Claim Construction shall be submitted on or before February 19, 2010. g. A claim construction prehearing conference shall be held on March 5, 2010. h. The Markman hearing is set for April 22, 2010 at 9:00 a.m. and is scheduled to last all day. The parties agree that no live testimony will be presented at the Markman hearing, unless otherwise ordered by the Court. Plaintiff will present its arguments first.

DATED July 31, 2009. BY THE COURT:

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

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