Hochstein et al v. Microsoft Corporation et al

Filing 420

ORDER denying 415 Motion for Judgment; granting 417 Motion to Strike; granting 418 Motion for a Status Conference. Signed by District Judge Paul D Borman. (DGoo)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PETER A. HOCHSTEIN, et al., Plaintiffs, v. MICROSOFT CORPORATION, INC., Defendant. ___________________________________ / ORDER: (1) GRANTING PLAINTIFFS' MOTION FOR A STATUS CONFERENCE, WHICH WAS HELD TELEPHONICALLY ON JUNE 4, 2009 (Doc. No. 418); (2) DENYING REQUEST FOR PRE-TRIAL CLAIM CONSTRUCTION OF THE TERMS, "VOICE" AND "VIDEO GAME"; (3) GRANTING PLAINTIFFS' MOTION TO DISMISS, AS UNTIMELY, DEFENDANT'S MOTION PURSUANT TO FED. R. CIV. P. 56 FOR SUMMARY JUDGMENT OF INVALIDITY ON THE SPECIAL MASTER'S CLAIM CONSTRUCTIONS (Doc. No. 417); (4) IN THE EXERCISE OF DISCRETION, DENYING DEFENDANT'S REQUEST FOR CERTIFICATION FOR INTERLOCUTORY APPEAL OF SPECIAL MASTER'S CLAIM CONSTRUCTION REPORT PURSUANT TO 28 U.S.C. 1292 (Doc. No. 415) For the reasons stated on the record at the June 4, 2009 status conference, as to Orders (1), (2), and (3), the Court has entered the aforelisted orders. As to Order (4), the Court has ruled, in the exercise of its discretion and notes Cybor Corp. v. FAS Technologies, 138 F.3d 1448, 1479 (Fed. Cir. 1998)(en banc); opinion of Judge Newman, joined by Chief Judge Mayer: "Although the district courts have extended themselves, and so-called `Markman hearings' are common, this has not been accompanied by interlocutory review of the trial judge's claim interpretation. The Federal Circuit has thus far declined all such certified questions." 1 Case Number: 04-73071 JUDGE PAUL D. BORMAN UNITED STATES DISTRICT COURT (emphasis added). SO ORDERED. S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: June 5, 2009 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on June 5, 2009. S/Denise Goodine Case Manager 2

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