KW-2 LLC v. ASUS Computer International Inc et al

Filing 43

ORDER CONCERNING APPOINTMENT OF MASTER by September 14, 2015, each party shall file a brief. By Judge Robert E. Blackburn on 8/17/2015. (mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-01023-REB-KMT (Consolidated with Civil Action Nos. 15-cv01024-REB-KMT and 15-cv-01025-REB-KMT)
KW-2, LLC,
Plaintiff,
v.
ASUS COMPUTER INTERNATIONAL, et al.
Defendants.

ORDER CONCERNING APPOINTMENT OF MASTER
Blackburn, J.
This matter is before the court sua sponte. These consolidated patent
infringement cases concern a patent for a battery monitor system for interface and
control of lithium-ion batteries useable in micro-grids and other applications. 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 concerns technology that is highly specialized and technical.
It is likely that a master with education and skill in the technical areas of the patents-insuit 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 court’s intent 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 September 14, 2015, each party shall file a brief addressing the
question 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 relevant
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 patent(s) 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 August 17, 2015, at Denver, Colorado.
BY THE COURT:

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