Cellport Systems, Inc. v. Toyota Motor Sales, U.S.A., Inc. et al

Filing 34

ORDER CONCERNING APPOINTMENT OF MASTER: By 11/17/2014, each party SHALL FILE a brief addressing the question of whether a master should be appointed to construe the disputed claims of the patents in suit. By Judge Robert E. Blackburn on 10/24/2014. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-01632-REB
CELLPORT SYSTEMS, INC.,
Plaintiff,
v.
TOYOTA MOTOR SALES, U.S.A., INC., and
TOYOTA MOTOR CORPORATION, a Japanese corporation,
Defendants.

ORDER CONCERNING APPOINTMENT OF MASTER
Blackburn, J.
This matter is before the court sua sponte. This patent infringement case concerns
a patent covering a method and apparatus for transmission of and receiving signals having
digital information using an air link and a mobile portable wireless communication system.
This case is ripe for the construction of disputed claims applying the standards of Markman
v. Westview Instruments, Inc., 517 U.S. 370, 384-88 (1996) and its progeny.
The patents in suit concern technology that is highly specialized and technical. It is
likely that a master with education and skill in the technical areas of the patents in suit will
be able to construe the disputed claims more accurately, efficaciously, and expeditiously
than a judge of this court. Under FED. R. CIV. P. 53(a)(1), these circumstances are
sufficient to warrant the appointment of a master.
Before appointing a master, the court must give the parties notice and an opportunity
to be heard. FED. R. CIV. P. 53(b)(1). This order shall serve as notice to the parties of the
intent of the court to appoint a master to construe the disputed claims of the patents in suit.

This order provides a schedule for the parties to state their positions on this issue and to
suggest candidates for the position of master.
THEREFORE, IT IS ORDERED as follows:
1. That by November 17, 2014, each party SHALL FILE a brief addressing the
question of whether a master should be appointed to construe the disputed claims of the
patents in suit;
2. That in its brief, each party SHALL STATE whether it consents to the
appointment of a master to construe the disputed claims of the patents in suit;
3. That in its brief, each party MAY SUGGEST one or more candidates for
appointment as a master and shall include a curriculum vitae of the qualifications of any
candidate;
4. That any party that supports and consents to the appointment of a master
SHALL FILE a proposed order which appoints a master to construe the disputed claims of
the patents in suit and which contains the contents required under FED. R. CIV. P.
53(b)(2)(A) - (E); and
5. That the proposed order SHALL BE filed in CM/ECF as an attachment to the
brief of the party submitting the proposed order and SHALL BE tendered separately to the
court in a Microsoft Word document via e-mail at [e-mail].
Dated October 24, 2014, at Denver, Colorado.
BY THE COURT:

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