Geigtech East Bay LLC v. Lutron Electronics Co., Inc.

Filing 146

POST-CONFERENCE ORDER, After conferring with the parties, I suggest the following tentative schedule for dealing with patent-related issues: Geig-Tech to submit to a list of asserted claims by October 22, 2021. Geig-Tech to submit infringement c ontentions by November 5, 2021. The parties to submit a list of agreed-upon claim constructions and disputed claim terms by November 12, 2021. Lutron to submit invalidity contentions by November 19, 2021. Opening Markman briefs (limited to intrins ic evidence) are due on December 10, 2021. These will be simultaneous briefs. Responsive Markman briefs (limited to intrinsic evidence) are due on January 10, 2022. I am fine with modest adjustments to this schedule if the parties can agree on them by Tuesday, October 12, 2021. My goal is to get these cases - long delayed by virtue of the PT AB process - moving again. For that reason, I want short dates, as opposed to the longer dates contemplated in this District's model patent rules. Bef ore this case morphed from a trade dress case into a patent case, the parties had been engaged in written discovery. I would like them to finish that process while the early patent matters are being taken care of. However, depositions should abide further order of the court. (Brief due by 12/10/2021., Responses to Brief due by 1/10/2022) (Signed by Judge Colleen McMahon on 10/7/2021) (kv)

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GEIGTECH EAST BAY, LLC,

Plaintiff and Counterclaim-Defendant,
-against-

No. 18 Civ. 05290 (CM)

LUTRON ELECTRONICS CO., INC. ,

Defendant and Counterclaim-Plaintiff.

POST-CONFERENCE ORDER
McMahon, J. :
After conferring with the parties, I suggest the following tentative schedule for dealing
with patent-related issues :
•

Geig-Tech to submit to a list of asserted claims by October 22, 2021.

•

Geig-Tech to submit infringement contentions by November 5, 2021.

•

The parties to submit a list of agreed-upon claim constructions and disputed claim
terms by November 12, 2021.

•

Lutron to submit invalidity contentions by November 19, 2021.

•

Opening Markman briefs (limited to intrinsic evidence) are due on December 10,
2021. These will be simultaneous briefs.

•

Responsive Markman briefs (limited to intrinsic evidence) are due on January 10,
2022.

I am fine with modest adjustments to this schedule if the parties can agree on them by
Tuesday, October 12, 2021. My goal is to get these cases - long delayed by virtue of the PT AB
process - moving again. For that reason, I want short dates, as opposed to the longer dates
contemplated in this District's model patent rules.

-------------Before this case morphed from a trade dress case into a patent case, the parties had been
engaged in written discovery. I would like them to finish that process while the early patent
matters are being taken care of. However, depositions should abide further order of the court.

Dated: New York, New York
October 7, 2021

U.S.D.J.
BY ECF TO ALL PARTIES