Schuyleman v. Barnhart Crane and Rigging Co et al

Filing 69

ORDER TO SHOW CAUSE: The Court ORDERS the parties to show cause by no later than 9/27/2024 at 12:00 p.m. Show Cause Response due by 9/27/2024. Signed by Judge James L. Robart. (MJV)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JAY SCHUYLEMAN,

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v.

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SHOW CAUSE ORDER

BARNHART CRANE AND
RIGGING CO., et al.,

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Plaintiff,

CASE NO. C23-0562JLR

Defendants.
Before the court are the parties’ experts’ dueling definitions of “person of ordinary
skill in the art” (“POSITA”). (Perkin Decl. (Dkt. # 61-4) ¶ 41; Klopp Decl. (Dkt. # 61-9)
¶ 18.) The claim construction analysis “requires attention to the level of skill assigned to
a person of ordinary skill in the art.” AllVoice Computing PLC v. Nuance Commc’ns,
Inc., 504 F.3d 1236, 1240 (Fed. Cir. 2007); see also Cocona, Inc. v. VF Outdoor, LLC,
No. 16-cv-02703-CMA-MLC, 2024 WL 4124720, at *3 (D. Colo. Sept. 6, 2024) (“The
POSITA must be defined before claims can be construed because claim[] construction

ORDER - 1

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turns on a POSITA’s perspective.”). The parties do not substantively discuss their

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experts’ definitions of a POSITA in their claim construction briefing. (See generally Pl.

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Opening Br. (Dkt. # 62); Defs. Opening Br. (Dkt. # 63); Pl. Resp. Br. (Dkt. # 64); Defs.

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Resp. Br. (Dkt. # 65).) Because the parties’ experts’ POSITA definitions are not far

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apart, and in the interest of efficiency, the court ORDERS the parties to show cause by no

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later than Friday, September 27, 2024 at 12:00 p.m. as to why the court should not

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adopt the following definition of a POSITA:

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In this case, a “person of ordinary skill in the art”—also known as a
“POSITA”—is someone with a Bachelor’s degree in mechanical
engineering, structural engineering, applied physics, or a related field with at
least four years of engineering experience analyzing, designing, or
developing construction equipment for rigging or crane-related devices.

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Any party that disagrees with the court’s proposed definition must file a brief in

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response to this order that explains why the court should adopt its expert’s POSITA

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definition and discusses all relevant factors to be considered in determining the level of

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ordinary skill in the art in this case. See Env’t Designs, Inc. v. Union Oil Co., 713 F.3d

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693, 696 (Fed. Cir. 1983) (listing factors but noting that “[n]ot all such factors may be

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present in every case, and one or more of these or other factors may predominate in a

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particular case”).

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Dated this 24th day of September, 2024.

A

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JAMES L. ROBART
United States District Judge

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ORDER - 2