Contego Spa Designs, Inc. v. Christy Le JL Corporation et al

Filing 35

ORDER granting 34 Joint Motion to Adopt Claim Construction Order and to Amend Scheduling Order. Signed by District Judge Frank D. Whitney on 6/3/24. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:23-CV-00533-FDW-DCK
CONTEGO SPA DESIGNS, INC.,

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Plaintiff,
v.
CHRISTY LE and CHRISTY LE JL
CORPORATION d/b/a Us Nails, a North
Carolina Corporation,
Defendants.

ORDER

THIS MATTER is before the Court on the Joint Motion to Adopt Claim Construction
Order and Amend Scheduling Order, (Doc. No. 34). Having reviewed the parties’ Motion,
including Exhibit A attached thereto, (Doc. No. 78, Case No. 23-1173 pending in the Southern
District of Texas, hereafter “S.D. Tx. Doc. No. 78”), the Court hereby adopts the claim
constructions and reasoning set forth in S.D. Tx. Doc. No. 78 for this action.
IT IS THEREFORE ORDERED that:
1. “Basin” is construed as “a container for holding liquid”;
2. “Communicated with” is construed as “connected through a configuration that allows
liquid to flow from a main basin into a secondary basin without spilling”;
3. “Secondary basin” is construed as a “container, other than the main basin, that receives
and holds liquid from the main basin”;
4. “At a lowered height relative to a prescribed height of the peripheral rim” is construed
as “[a portion of the peripheral rim of the main basin is] at a lowered height relative to the height
set for the remainder of the peripheral rim”; and

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5. “Said at least a portion of the rim is lowered relative to a main portion of the peripheral
rim” is construed as “a portion of the peripheral rim is lowered relative to the majority of the
peripheral rim.”
IT IS FURTHER ORDERED that all claim construction dates set forth in this Court’s
“Utility Patent Claim Construction Scheduling Order” (“Scheduling Order”), (Doc. No. 32), are
hereby vacated, namely:
1.

May 17, 2024 – File Joint Claim Construction Statement;

2.

June 16, 2024 – Close of Claim Construction Discovery;

3.

June 30, 2024 – File Opening Claim Construction Brief;

4.

July 14, 2024 – File Responsive Claim Construction Brief;

5.

July 21, 2024 – File Reply Claim Construction Brief;

6.

July 28, 2024 – File Surreply Claim Construction Brief;

7.

August 4, 2024 – File Claim Construction Chart; and

8.

August 11, 2024 – Claim Construction Hearing.

IT IS FURTHER ORDERED that this Order is intended to supplement, not supplant, the
Court’s previously entered Initial Scheduling Order and Utility Patent Claim Construction Order,
(Doc. No. 32). In accordance with the Local Civil Rules of the Western District of North Carolina,
the Local Patent Rules, and pursuant to Rule 16 of the Federal Rules of Civil Procedure, the
undersigned enters the following Utility Patent Pretrial Order and Case Management Plan:

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DEADLINES AT A GLANCE
Amended Infringement Contentions Served

September 10, 2024

Amended Invalidity Contentions Served

October 10, 2024

Advice of Counsel Defense Served

December 9, 2024

Fact Discovery Closes

February 7, 2025

Opening Expert Reports Served

March 24, 2025

Rebuttal Expert Reports Served

April 23, 2025

Close of Expert Discovery

May 8, 2025

Mediation Deadline

May 23, 2025

Dispositive and Daubert Motions Deadline

June 27, 2025

Trial Setting

Term beginning November 3, 2025

IT IS SO ORDERED.
Signed: June 3, 2024

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