Northeastern University et al v. Google, Inc.,

Filing 62

NOTICE by Northeastern University, Jarg Corporation, Google, Inc., - Joint Claim Construction and Prehearing Statement (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Valek, Michael)

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Northeastern University et al v. Google, Inc., Doc. 62 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORP., Plaintiffs, v. GOOGLE INC., Defendant. Civil Action No. 2:07-CV-486 (TJW) Jury Trial Demanded JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT Pursuant to Eastern District of Texas Patent Rule 4-3, Plaintiffs Northeastern University and Jarg Corporation and Defendant Google Inc. hereby provide their Joint Claim Construction and Prehearing Statement. I. AGREED CLAIM CONSTRUCTIONS The parties have met and conferred regarding their Rule 4-2 exchange and have agreed to the meaning of certain claim terms, phrases or clauses. These terms, and their agreed meanings, are set forth in Exhibit A (attached). II. DISPUTED CLAIM CONSTRUCTIONS With respect to those terms, phrases, or clauses on which the parties could not reach agreement, the parties have set forth their respective proposed constructions, including the intrinsic and extrinsic evidence relied upon in support thereof, in Exhibits B and C (attached). The parties reserve the right to rely on and rebut any evidence cited by any party. III. ANTICIPATED LENGTH OF CLAIM CONSTRUCTION HEARING The parties believe that it would be appropriate for the Court to allocate two hours for the claim construction hearing, with one hour allocated to each side (including reserved rebuttal time). JOINT CLAIM CONSTRUCTION & PREHEARING STATEMENT Case No. 2:07-CV-486 (TJW) IV. CLAIM CONSTRUCTION LIVE WITNESSES The parties do not anticipate calling live witnesses at the claim construction hearing. V. CLAIM CONSTRUCTION PREHEARING CONFERENCE The parties do not believe a claim construction prehearing conference is needed. 2 JOINT CLAIM CONSTRUCTION & PREHEARING STATEMENT Case No. 2:07-CV-486 (TJW) Dated: August 28, 2009 Respectfully submitted, VINSON & ELKINS L.L.P. By: /s/ Michael A. Valek William B. Dawson (TX Bar No. 05603600) VINSON & ELKINS L.L.P. 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Telephone: (214) 220-7926 Facsimile: (214) 999-7926 E-mail: David B. Weaver (TX Bar No. 00798576) Christopher V. Ryan (TX Bar No. 24037412) Michael Valek (TX Bar No. 24044028) R. Floyd Walker (TX Bar No. 24044751) Stephen C. Stout (TX Bar No. 24060672) Meredith J. Fitzpatrick (TX Bar No. 24059753) VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Telephone: (512) 542-8400 Facsimile: (512) 236-3338 E-mail: Otis W. Carroll, Jr. (TX Bar No. 03895700) Collin Maloney (TX Bar No. 00794219) IRELAND CARROLL & KELLEY 6101 S. Broadway, Suite 500 Tyler, TX 75703 Telephone: (903) 561-1600 Facsimile: (903) 581-1071 Attorneys for Plaintiffs NORTHEASTERN UNIVERSITY AND JARG CORPORATION 3 JOINT CLAIM CONSTRUCTION & PREHEARING STATEMENT Case No. 2:07-CV-486 (TJW) Dated: August 28, 2009 FISH & RICHARDSON P.C. By: /s/ Shelley K. Mack Michael E. Jones (SBN 10929400) POTTER MINTON A Professional Corporation 110 N. College, Suite 500 Tyler, TX 75702 Telephone: (903) 597-8311 Facsimile: (903) 593-0846 Ruffin B. Cordell (SBN 04820550) FISH & RICHARDSON P.C. 1425 K Street, N.W., 11th Floor Washington, DC 20005-3500 Telephone: (202) 783-5070 Facsimile: (202) 783-2331 Jason W. Wolff (CA SBN 215819) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: (858) 678-5070 Facsimile: (858) 678-5099 Howard G. Pollack (Admitted Pro Hac Vice) Shelley K. Mack (Admitted Pro Hac Vice) Jerry T. Yen (CA SBN 247988) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Attorneys for Defendant GOOGLE INC. 4 JOINT CLAIM CONSTRUCTION & PREHEARING STATEMENT Case No. 2:07-CV-486 (TJW) CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email and/or fax, on this the 18th day of December, 2008. /s/ Michael A. Valek Michael A. Valek 5 JOINT CLAIM CONSTRUCTION & PREHEARING STATEMENT Case No. 2:07-CV-486 (TJW)

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