XY, LLC v. Ottenberg et al

Filing 112

ORDER Adopting Stipulated Claim Constructions and Vacating the Claim Construction Hearing and Briefing. The parties' Joint Motion 111 is GRANTED. The December 6, 2012 Markman hearing and November 28, 2012 deadline for filing claim construction reply briefs are VACATED. By Judge R. Brooke Jackson on 11/21/12. (alvsl)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action, File Number 11-CV-02920-RBJ
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XY, LLC, a Delaware Corporation,
Plaintiff,

v.
MATTHIAS J.G. OTTENBERG;
PROPEL LABS, INC., a Colorado
Corporation;
SIDIS CORP., a Colorado
Corporation;
DANIEL N. FOX;
GEORGE C. MALACHOWSKI; and
TIDHAR SADEH;
Defendants.
___________________________________

ORDER ADOPTING STIPULATED CLAIM CONSTRUCTIONS AND
VACATING THE CLAIM CONSTRUCTION HEARING AND BRIEFING
Before the Court is the parties’ Joint Motion for Entry of Order on Stipulated Claim
Constructions and Joint Motion to Vacate Claim Construction Hearing and Briefing (the
“Motion”). After considering the Parties’ Motion, the Court is of the opinion that the Motion
should be GRANTED.
Therefore, it is ORDERED that the following terms of U.S. Patent No. 6,357,307, U.S.
Patent No. 6,263,745, U.S. Patent No. 6,604,435, and U.S. Patent No. 6,782,768 shall be
construed as follows:

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Claim Term
“sheath fluid port”
“torsional”
“hydrodynamic forces”
“axial motion”
“laminar flow”
“laminarly flowing”

Stipulated Claim Construction
“inlet for sheath fluid”
“imparting a twisting or rotational force”
“forces generated by a liquid”
“motion generally parallel to the axis of flow”
“generally parallel or non-turbulent flow”
“flowing generally parallel or non-turbulently”

Furthermore, because there are no longer any claim construction disputes between the
parties, the Court hereby VACATES that portion of its October 23, 2012 order (Dkt. No. 90) that
establishes a December 6, 2012 Markman hearing and a November 28, 2012 deadline for filing
claim construction reply briefs.
SIGNED this 21st day of November, 2012.

THE HONORABLE R. BROOKE JACKSON
UNITED STATES DISTRICT JUDGE

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