HEALTHTRIO, LLC v. AETNA, INC., 12-cv-03229-REB-MJW. (2014)
Court: District Court, D. Colorado
Number: infdco20140924d90
Visitors: 24
Filed: Sep. 22, 2014
Latest Update: Sep. 22, 2014
Summary: ORDER ROBERT E. BLACKBURN, District Judge. The matter before me is Plaintiff's Motion To Strike Exhibits C and M From Defendants' Amended Claim Construction Brief [#63], 1 filed August 30, 2013. By this motion, plaintiff asks that I strike certain foreign prosecution materials offered in support of defendants' proposed claim construction and disregard those portions of its brief in support that rely on those materials. However, I cannot definitively determine the issues raised by and inhere
Summary: ORDER ROBERT E. BLACKBURN, District Judge. The matter before me is Plaintiff's Motion To Strike Exhibits C and M From Defendants' Amended Claim Construction Brief [#63], 1 filed August 30, 2013. By this motion, plaintiff asks that I strike certain foreign prosecution materials offered in support of defendants' proposed claim construction and disregard those portions of its brief in support that rely on those materials. However, I cannot definitively determine the issues raised by and inheren..
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ORDER
ROBERT E. BLACKBURN, District Judge.
The matter before me is Plaintiff's Motion To Strike Exhibits C and M From Defendants' Amended Claim Construction Brief [#63],1 filed August 30, 2013. By this motion, plaintiff asks that I strike certain foreign prosecution materials offered in support of defendants' proposed claim construction and disregard those portions of its brief in support that rely on those materials. However, I cannot definitively determine the issues raised by and inherent to the motion apart from consideration of the claim construction issues to which they pertain. I thus will deny the motion without prejudice, but take up the questions presented thereby in the context of claim construction.
THEREFORE, IT IS ORDERED that Plaintiff's Motion To Strike Exhibits C and M From Defendants' Amended Claim Construction Brief [#63], filed August 30, 2013, is DENIED WITHOUT PREJUDICE.
FootNotes
1. "[#63]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
Source: Leagle
