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)

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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

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