NeoMedia Technologies, Inc. v. Dunkin' Brands Group, Inc.

Filing 50

ORDER re: 33 Joint Motion for Determination filed by NeoMedia Technologies, Inc. See attached order for details. On or about November 24, 2014, the parties are directed to jointly call Chambers at [phone] to set a date for a status conference in this case, at which time the Markman Hearing will be scheduled. By Judge Raymond P. Moore on 10/6/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 13-cv-02351-RM-BNB
NEOMEDIA TECHNOLOGIES, INC., a Delaware corporation,
Plaintiff,
v.
DUNKIN’ BRANDS GROUP, INC., a Delaware corporation,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on the joint motion for a claim construction hearing filed
by the parties in this case. (ECF No. 33.) The parties disagree about the briefing schedule for
the invalidity-by-indefiniteness issue that has been raised by Defendant Dunkin’ Brands Group,
Inc. (“Dunkin’ Brands”). Dunkin’ Brands has proposed that the Court maintain its current
Markman briefing schedule, but file separate indefiniteness briefs on a somewhat staggered
schedule. Plaintiff NeoMedia Technologies, Inc. (“NeoMedia”) has objected to this proposed
schedule, and also pointed out that it would “force NeoMedia to be working on two briefs
simultaneously.” (ECF No. 33 at 4.) The Court understands both parties’ positions on this issue,
and has resolved on the following briefing schedule and page limitations:
Opening Brief
Response Brief
Reply Brief

Markman Briefing
Sept. 12, 2014 (15 pages)
Oct. 10, 2014 (15 pages)
Oct. 24, 2014 (10 pages)

Indefiniteness Briefing
Oct. 10, 2014 (15 pages)
Nov. 7, 2014 (15 pages)
Nov. 21, 2014 (10 pages)

On or about November 24, 2014, the parties are directed to jointly call Chambers at (303)
335-2595 to set a date for a status conference in this case, at which time the Markman Hearing
will be scheduled.
DATED this 6th day of October, 2014.
BY THE COURT:
___________________________________
RAYMOND P. MOORE
United States District Judge