Starr Products, LLC v. Betesh Group Holding Corporation, The et al

Filing 3

ORDER FOR BRIEFING ON MARKMAN ISSUED. By Judge Robert E. Blackburn on 11/15/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 10-cv-02753-REB STARR PRODUCTS, LLC., a Colorado limited liability company. Plaintiff, vs. THE BETESH GROUP HOLDING CORPORATION, a New York corporation, doing business as FUNHOUSE, SESAME WORKSHOP CORPORATION, a New York non-profit organization, and VIACOM INTERNATIONAL, INC., a Delaware corporation, doing business as Nickelodeon, Defendants. ORDER FOR BRIEFING ON MARKMAN ISSUES Blackburn, J. This matter is before the court sua sponte. The plaintiff's first claim for relief alleges patent infringement. The court recognizes the need first to construe the claims of the patent before the claim 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 or other response, e.g., motion to dismiss, etc., to the complaint is filed with the court by the defendants 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 patent or 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 plaintiff's brief on claim construction SHALL BE FILED 30 days after the joint claim construction statement is filed; 4. That the deadlines for filing a response brief and a reply brief, if any, SHALL BE AS PRESCRIBED by D.C.COLO.LCivR 7.1C.; 5. That absent further order of the court, the plaintiff's brief 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 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 plaintiff is 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 November 15, 2010, at Denver, Colorado. BY THE COURT:

2