e.Digital Corporation v. Pentax of America, Inc. et al

Filing 306

Minute Entry for Law and Motion Hearing held before Judge Marcia S. Krieger on 7/30/2010. 298 Motion to Exclude is GRANTED in part and DENIED in part. One day Markman Hearing set for 1/28/2011 08:30 AM in Courtroom A 901 before Judge Marcia S. Krieger. Other matters discussed and deadlines, if any, imposed are as set forth in the Minutes. (Court Reporter Paul Zuckerman) (mskcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: July 30, 2010

Civil Action No. 09-cv-02578-MSK-MJW P a r t i e s: e.DIGITAL CORPORATION, Plaintiff, v. PENTAX OF AMERICA, INC.; HOYA CORPORATION; HOYA CORPORATION USA; CANON USA, INC.; CANON, INC.; COBY ELECTRONICS CORP.; COBY ELECTRONICS CORP.; DXG TECHNOLOGY (U.S.A.), INC.; DXG TECHNOLOGY CORPORATION; HTC AMERICA, INC.; HTC CORPORATION; IMATION CORPORATION; KYOCERA COMMUNICATIONS, INC.; KYOCERA WIRELESS CORPORATION; KYOCERA INTERNATIONAL, INC.; KYOCERA CORPORATION; LEICA CAMERA, INC.; MARANTZ AMERICA, INC.; D&M HOLDINGS U.S. INC.; D&M HOLDINGS, INC.; NOKIA, INC.; NOKIA CORPORATION; PANASONIC CORPORATION OF NORTH AMERICA; PANASONIC CORPORATION; SUMMIT TECHNOLOGY GROUP, LLC; SAKAR INTERNATIONAL, INC.; Ashlea Pflug (by phone) Bruce Featherstone Matt Collins Richard Harris Kevin O'Shea John Keville Ming-Tao Yang (by phone) Jerry Selinger Dariush Adli (by phone) Eric Cohen (by phone) Counsel Appearing: Natalie Hanlon-Lei Matt Youngwirth (by phone) Jared Briant (by phone)

Joseph Casino (phone) Abraham Kasdan (phone) Scott Llewellyn Richard Holme Alexas Skucas (by phone) Mark Francis (by phone) Scott Bialecki Ezra Sutton (by phone)

SAMSON TECHNOLOGIES CORP.; TEAC AMERICA, INC.; VTECH ELECTRNOICS NORTH AMERICA, LLC Defendants. COURTROOM MINUTES HEARING: 10:04 a.m. Law and Motion Court in session.

Richard Dick (by phone)

The Court addresses setting the Markman hearing and the joint claim construction statement. Counsel confirm that all defendants take the same position with regard to the joint construction statement. One counsel will serve as lead counsel for all defendants at this proceeding as well as the Markman Hearing. The Court addresses presentation of extrinsic evidence. Counsel may stipulate to facts but the Court will not rely on declarations. Facts that will be elicited in testimony about which no stipulation has been reached, live testimony will be necessary. Statements from counsel Featherstone and Youngwirth. The Court addresses the time needed for the hearing. Counsel agree that one day is sufficient for the Markman hearing. ORDER: One day Markman Hearing set January 28, 2011 at 8:30 a.m., in Courtroom A901, 901 19th Street, Denver, CO. Six hours will be split evenly between the parties and the time will be tracked on the chess clock by the Courtroom Deputy. The parties must exchange exhibits no later than the Friday before the hearing and will prepare a joint exhibit list and exhibit book(s) for use at the hearing.

The Court addresses Motion to Exclude (Doc. #298). Statement from Mr. Featherstone.

Courtroom Minutes Judge Marcia S. Krieger Page 2 ORDER: Motion to Exclude (Doc. #298) is GRANTED in part and DENIED in part. It is GRANTED insofar as it refers to a declaration of inventor El wood Norris. It is DENIED with leave to renew at the time of the hearing depending upon the evidence that is proffered by the plaintiff.

The Court addresses status of the scheduling order relative to discovery. Statements from counsel Yungwirth and Featherstone. Oral motion from plaintiff's counsel to lift the stay with regard to further discovery. ORDER: Plaintiff's request to be relieved from the stay with regard to further discovery is GRANTED, but the effect of the order is stayed for 21 days. If during the 21 day period counsel enter into an agreement with regard to how they might take an appeal from a construction determination, the Court will reconsider this determination that discovery go forward. Court in recess.

10:35 a.m.

Total Time: 31 minutes. Hearing concluded.