Precision Links, Inc. v. USA Products Group Inc. et al

Filing 70

ORDER to advise the parties of the format to be followed during the hearing presently scheduled for 6/10/2010. Signed by District Judge Martin Reidinger on 5/22/2010. (tmg)

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA C H AR L O TTE DIVISION C IV IL CASE NO. 3:08cv576

P R E C IS IO N LINKS INCORPORATED, ) ) P l a i n t if f , ) ) vs . ) ) U S A PRODUCTS GROUP, INC. and ) H O M E DEPOT U.S.A., INC., ) ) D e fe n d a n ts . ) __________________________________ )

ORDER

THIS MATTER is before the Court sua sponte to advise the parties of th e format to be followed during the Markman 1 hearing presently scheduled fo r June 10, 2010. In accordance with the Scheduling Order [Doc. 24], the parties have n o w filed their respective motions for claim construction and rebuttal briefs. T h e hearing will proceed with the following format: 1. T h e Plaintiff shall proceed first and shall be limited to a total time of n in e ty (90) minutes which shall be divided as follows:

Markman v. Westview Instruments, Inc., 517 U.S. 370, 116 S.Ct. 1 3 8 4 , 134 L.Ed.2d 577 (1996).

1

a. b.

a brief opening statement; a tutorial on technology as it relates to the patents under c o n s id e ra tio n ; and

c.

d is c u s s io n of the disputed claim terms which are to be a d d re s s e d one at the time.

2.

T h e Plaintiff may rely on argument, PowerPoint presentation and/or th e testimony of live witnesses. However, all such presentations are lim ite d to an aggregate total of ninety (90) minutes. In the event that th e Plaintiff desires to make a PowerPoint presentation, counsel must p ro vid e the Court with a notebook containing a hard copy of the P o we rP o in t slides at the time of the hearing, except that such n o te b o o k need not contain additional copies of exhibits that are d u p lic a tive of exhibits already filed in connection with the pending m o tio n s . In the event that the Plaintiff presents live testimony, the D e fe n d a n ts ' cross-examination of the witness, if any, will count to w a r d Defendants' total time of ninety minutes as set out below.

3.

T h e Defendants will then make their presentation in the same format a n d with the same conditions. The ninety (90) minute time period for th e Defendants will be reduced by the time spent by the Defendants

2

in cross-examination of any witness presented by the Plaintiff. The P la in tiff may cross-examine any live witness of the Defendants if and o n ly to the extent that they reserved a portion of their original ninety (9 0 ) minutes for such purpose. In order to make a determination as to the allocation of time, the parties shall inform each other at least twe n ty-fo u r (24) hours in advance of the scheduled beginning of the M a rk m a n hearing whether they intend to present any testimony at the h e a rin g , and the identities of any such witnesses. 4. A fte r the above presentations, each side will be allowed to make a closing statement, if desired, not to exceed thirty (30) minutes. 5. N o further filings in this matter will be allowed absent prior permission u n til such time as the Court has rendered a claim construction d e c is io n . IT IS SO ORDERED. Signed: May 22, 2010

3