Hildebrand v. City of Boulder

Filing 4

ORDER for Briefing on Markman Issues. By Judge Robert E. Blackburn on 12/17/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-03344-REB
DAVID L. HILDEBRAND, an individual,
Plaintiff,
vs.
CITY OF BOULDER,
Defendant.

ORDER FOR BRIEFING ON MARKMAN ISSUES
Blackburn, J.
This matter is before the court sua sponte. In this action for alleged patent
infringement, the court recognizes the need first to construe the claims of the patent
before the case properly 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 defendant, 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 7.1(d);
5. That absent further order of the court, the plaintiff’s brief on claim construction
and the defendant’s response brief SHALL BE LIMITED to twenty (20) pages;
6. That no later than 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 Markman1 hearing;
provided, furthermore, that plaintiff is responsible for arranging, scheduling, and
initiating the conference call, which must include representatives of all parties with
authority to schedule matters in this case; and
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 December 17, 2013, at Denver, Colorado.
BY THE COURT:

1

A reference to Markman v. Westview Instruments, Inc., 517 U.S. 370, 384-88 (1996)

2