Server Technology, Inc. v. American Power Conversion Corporation

Filing 73

ORDER that the parties to file a Joint Status Report due by 3/30/2017. Signed by Judge Larry R. Hicks on 03/09/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SERVER TECHNOLOGY, INC.,

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Plaintiff/Counter-Defendant,
Case No. 3:11-cv-0068-LRH-WGC

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v.
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ORDER
AMERICAN POWER CONVERSION
CORPORATION,

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Defendant/Counter-Claimant.

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This is a patent infringement action between plaintiff and counter-defendant Server

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Technology, Inc. (“STI”) and defendant and counter-claimant American Power Conversion

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Corporation (“APC”). Both STI and APC manufacture intelligent power distribution units

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(“PDUs”).
In 2006, STI brought suit against APC alleging that APC’s AP7900 and AP8900 series of

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products infringed two of STI’s patents: United States Patents numbers 7,043,543 (“the ‘543

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patent”), and 7,702,771 (“the ‘771 patent). Server Tech, Inc. v. Am. Power Conversion Corp,

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case no. 3:06-cv-0698-LRH-VPC (“STI I”) (ECF No. 1). While that action was pending, STI

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brought suit against APC in the present action alleging that various APC products infringed five

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different STI patents: United States Patents numbers 7,368,830 (“the ‘830 patent”), 7,414,329

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(“the ‘329 patent”), 7,777,365 (“the ‘365 patent”), 7,268,998 (“the ‘998 patent”), and 7,774,443

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(“the ‘443 patent”). ECF No. 1.

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Between May 12 and May 27, 2014, a jury trial was held in STI I on the issues of

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infringement and invalidity. On May 29, 2014, the jury returned a verdict finding that APC’s

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AP7900 and AP8900 product lines infringed claim 15 of both the ‘543 and ‘771 patents. Server

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Tech, Inc., case no. 3:06-cv-0698-LRH-VPC (ECF No. 590). APC appealed the jury verdict to

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the Federal Circuit. Server Tech, Inc., case no. 3:06-cv-0698-LRH-VPC (ECF No. 673). On

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September 23, 2016, the Federal Circuit issued an order in STI I and remanded that action back

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to this court. See Server Tech., Inc. v. Am. Power Conversion Corp., 657 Fed. Appx. 1030 (Fed.

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Cir. 2016). Upon receiving the Federal Circuit’s decision, the court issued an order setting forth

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the procedure for the continuation of litigation in STI I. See Server Tech, Inc., case no. 3:06-cv-

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0698-LRH-VPC (ECF No. 691).
In light of the Federal Circuit’s decision and the court’s February 23, 2017 order in STI I,

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the court finds that a similar procedure is necessary to govern this litigation. Therefore, the

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parties are directed to meet and confer and file a joint status report within twenty (20) days of

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entry of this order addressing all pending issues, claims, and defenses in this action. Such joint

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status report shall also address the need for any further briefing or pleadings on the claim

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construction of the underlying patents and set forth a proposed schedule for the filing of any

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further briefs or pleadings, if requested.

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IT IS THEREFORE ORDERED that the parties shall, within twenty (20) days of entry of
this order, file a joint status report in accordance with this order.

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IT IS SO ORDERED.

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DATED this 9th day of March, 2017.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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