Modavox, Inc. v. Tacoda, Inc.
Filing 44
MARKMAN CLAIM CONSTRUCTION RULINGS AND SCHEDULING ORDER FOR THE SUBMISSION OF EXTRINSIC EVIDENCE ON CERTAIN: The parties are directed to provide the court with extrinsic evidence to support a construction of the term "function" that is not precluded by the extrinsic evidence. The parties have thirty days to offer the court any extrinsic evidence that would support a proposed definition, including expert testimony; they shall provide their evidence simultaneously. It will not be necessa ry to put in reply papers. After I have had an opportunity to digest the parties' submissions, I will schedule a further hearing. The period for submitting infringement contentions, which I believe was to commence with the issuance of this decision, will begin to run when I issue the Markman decision construing "function." (Signed by Judge Colleen McMahon on 3/24/2009) (jpo)
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