HealthTrio, LLC v. Aetna Inc. et al

Filing 123

ORDER denying without prejudice 63 Plaintiff's Motion to Strike Exhibits C and M From Defendants' Amended Claim Construction Brief. By Judge Robert E. Blackburn on 9/22/2014.(alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-03229-REB-MJW
HEALTHTRIO, LLC, a Colorado limited liability company,
Plaintiff,
vs.
AETNA, INC., a Pennsylvania corporation,
ACTIVEHEALTH MANAGEMENT, INC., a Delaware corporation, and
MEDICITY, INC., a Delaware corporation,
Defendants.

ORDER
Blackburn, J.
The matter before me is Plaintiff’s Motion To Strike Exhibits C and M From
Defendants’ Amended Claim Construction Brief [#63],1 filed August 30, 2013. By
this motion, plaintiff asks that I strike certain foreign prosecution materials offered in
support of defendants’ proposed claim construction and disregard those portions of its
brief in support that rely on those materials. However, I cannot definitively determine
the issues raised by and inherent to the motion apart from consideration of the claim
construction issues to which they pertain. I thus will deny the motion without prejudice,
but take up the questions presented thereby in the context of claim construction.

1

“[#63]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

THEREFORE, IT IS ORDERED that Plaintiff’s Motion To Strike Exhibits C
and M From Defendants’ Amended Claim Construction Brief [#63], filed August 30,
2013, is DENIED WITHOUT PREJUDICE.
Dated September 22, 2014, at Denver, Colorado.
BY THE COURT:

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