OraLabs, Inc. v. Kind Group LLC

Filing 116

ORDER. The claim construction hearing currently set for July 10, 2014 is VACATED and reset on March 23, 2015 at 2:00 p.m. in Courtroom A 701 before Judge Philip A. Brimmer. Defendant shall file a brief responsive to the Court's April 24, 2014 order on or before March 9, 2015. Plaintiff shall file a brief on or before March 16, 2015. By Judge Philip A. Brimmer on 7/3/14. (pabsec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-00170-PAB-KLM
ORALABS, INC., a Colorado Corporation,
Plaintiff,
v.
THE KIND GROUP LLC, a New York Limited Liability Company,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on the parties’ briefs [Docket Nos. 105 and
106/110] filed in response to the Court’s April 24, 2014 order [Docket No. 101].
Although the Court does not necessarily agree that instructions on the law are
dependent on expert discovery or that plaintiff’s burden on the issue of functionality
prevents the Court and the parties from addressing instructions on that issue at this
time, the Court perceives no prejudice to postponing the hearing until a later date. As a
result, the hearing will be vacated and reset on March 23, 2015.
Wherefore, it is

ORDERED that the claim construction hearing currently set for July 10, 2014 is
VACATED and reset on March 23, 2015 at 2:00 p.m. Defendant shall file a brief
responsive to the Court’s April 24, 2014 order on or before March 9, 2015. Plaintiff
shall file a brief on or before March 16, 2015.

DATED July 3, 2014.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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