Fleming v. Escort, Inc. et al

Filing 103

MEMORANDUM DECISION AND ORDER the motion to vacate Markman hearing (docket no. 78 ) is GRANTED and the hearing set for November 8, 2013, is VACATED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
HOYT A. FLEMING,
Plaintiff,

Case No. 1:12-CV-066-BLW

v.

MEMORANDUM DECISION AND
ORDER

ESCORT, INC., et al.,
Defendants.

INTRODUCTION
The Court has before it Fleming’s motion to vacate the claim construction hearing
set for November 8, 2013. The motion is fully briefed and at issue. For the reasons
explained below, the Court will grant the motion.
ANALYSIS
The Court’s Local Patent Rule 4.6 gives the Court discretion in deciding whether
to hold a hearing before construing claims. In this case, the Court is well-familiar with
the technology, having already conducted a trial on two of the three patents at issue here.
While Escort argues that a hearing would help the Court understand how Fleming
narrowed his patent language during the prosecution of his patents, the Court finds that
these issues can be resolved on the briefs and supporting materials that have been
submitted by the parties. Accordingly, the Court will grant the motion.
ORDER
In accordance with the Memorandum Decision set forth above,
Memorandum Decision & Order -- 1

NOW THEREFORE IT IS HEREBY ORDERED, that the motion to vacate
Markman hearing (docket no. 78) is GRANTED and the hearing set for November 8,
2013, is VACATED. The Court will construe the patents on the basis of the written
submissions already filed.

DATED: October 30, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Memorandum Decision & Order -- 2