BIAX Corporation v. NVIDIA Corporation et al

Filing 8

ORDER SETTING HEARING UNDER FED. R. CIV. P. 16: In Court Hearing set for 7/30/2009 at 03:00 PM in Courtroom A 601 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 6/9/09. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-01257-PAB BIAX CORPORATION, Plaintiff, v. NVIDIA CORPORATION, SONY COMPUTER ENTERTAINMENT AMERICA, INC., SONY COMPUTER ENTERTAINMENT, INC., SONY ELECTRONICS, INC., SONY CORPORATION OF AMERICA, and SONY CORPORATION, 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 July 30, 2009 at 3:00 p.m. in Courtroom A601 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.

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W hether a hearing will be required under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). 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 June 9, 2009. BY THE COURT:

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

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