Caught Fish Enterprises, LLC et al v. Action Manufacturing, LLC et al

Filing 6

ORDER for Briefing on Markman Issues. Joint claim contruction statement due 90 days after the first answer is filed and briefing on cliam construction shall proceed as set forth in the order, by Judge Robert E. Blackburn on 3/23/10. (jak, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 10-cv-00656-REB CAUGHT FISH ENTERPRISES, LLC, a Colorado limited liability company, and METAL ROOF INNOVATIONS, LTD., a Colorado corporation Plaintiffs, vs. ACTION MANUFACTURING, LLC, a Colorado limited liability company, RIDDEL & COMPANY, INC., a Colorado corporation, RICHARD A. RIDDELL, an individual, and PAUL RIDDELL, an individual, Defendants. ORDER FOR BRIEFING ON MARKMAN ISSUES Blackburn, J. This matter is before the court sua sponte. In this patent infringement action, the court recognizes the need first to construe the claims of the patents before the case properly can proceed to resolution by summary judgment, trial, or otherwise. Therefore, I establish the following briefing schedule to govern resolution of these matters. IT IS ORDERED as follows: 1. That no later than ninety days after the first answer is filed with the court by a defendant in this case, the parties SHALL FILE a joint claim construction statement setting forth the construction of claims and terms on which the parties agree and the construction of claims and terms on which the parties disagree for the patents at issue; 2. That absent further order of the court, the joint claim construction statement SHALL BE LIMITED to fifteen (15) pages;

3. That the plaintiffs' brief on claim construction SHALL BE FILED 30 days after the joint claim construction statement is filed; 4. That the deadlines for filing response and reply briefs SHALL BE AS PRESCRIBED under D.C.COLO.LCivR 7.1C.; 5. That absent further order of the court, the brief of the plaintiffs on claim construction and the response brief of any defendant SHALL BE LIMITED to twenty (20) pages. 6. That within ten (10) days after the reply brief is due or filed, the parties SHALL CONVENE a telephonic motions' hearing setting conference with the court's administrative assistant (303-335-2350) to set a time for a possible Markman hearing; provided, furthermore, that plaintiffs are responsible for initiating the call, which must include representatives of all the parties with authority to schedule matters in this case; 7. That based on the parties' submissions, the court will either rule on the papers, order further briefing, convene a Markman hearing, appoint a special master, or take such further action as the court in its discretion deems proper and necessary. Dated March 23, 2010, at Denver, Colorado. BY THE COURT:

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