Filed: Mar. 11, 2015
Latest Update: Mar. 11, 2015
Summary: JOINT SCHEDULE AND PROPOSED ORDER FOR CLAIM CONSTRUCTION BRIEFING CARL W. HOFFMAN , Magistrate Judge . Pursuant to the Court's December 30, 2014 Order consolidating 2:14-cv-529-RCJ-PAL and 2:12-cv-01545-RCJ-NJK, L.R. 16.1-15, the December 17, 2014 and January 14, 2015 telephonic conference calls with the Court, and the Court's January 14, 2015 Order setting the Claim Construction Hearing for May 5-6, 2015, Plaintiffs, ESCO Corporation and ESCO Canada, Ltd. (collectively, "ESCO Parties") and
Summary: JOINT SCHEDULE AND PROPOSED ORDER FOR CLAIM CONSTRUCTION BRIEFING CARL W. HOFFMAN , Magistrate Judge . Pursuant to the Court's December 30, 2014 Order consolidating 2:14-cv-529-RCJ-PAL and 2:12-cv-01545-RCJ-NJK, L.R. 16.1-15, the December 17, 2014 and January 14, 2015 telephonic conference calls with the Court, and the Court's January 14, 2015 Order setting the Claim Construction Hearing for May 5-6, 2015, Plaintiffs, ESCO Corporation and ESCO Canada, Ltd. (collectively, "ESCO Parties") and ..
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JOINT SCHEDULE AND PROPOSED ORDER FOR CLAIM CONSTRUCTION BRIEFING
CARL W. HOFFMAN, Magistrate Judge.
Pursuant to the Court's December 30, 2014 Order consolidating 2:14-cv-529-RCJ-PAL and 2:12-cv-01545-RCJ-NJK, L.R. 16.1-15, the December 17, 2014 and January 14, 2015 telephonic conference calls with the Court, and the Court's January 14, 2015 Order setting the Claim Construction Hearing for May 5-6, 2015, Plaintiffs, ESCO Corporation and ESCO Canada, Ltd. (collectively, "ESCO Parties") and Defendants Cashman Equipment Company, Caterpillar Global Mining LLC ("CGM"), Caterpillar Inc. ("Caterpillar"), (collectively, "Caterpillar Defendants"), Raptor Mining Products (USA) Inc., and Raptor Mining Products Inc. (together with Caterpillar Defendants collectively, "Defendants") hereby submit the following Joint Schedule and Proposed Order for Claim Construction Briefing.
After consolidation of the two litigations, there are eight patents-in-suit including one ESCO Canada patent, five ESCO patents, one Caterpillar patent, and one CGM patent. The patents-in-suit generally relate to the field of mining. Per the Court's directive to reduce the number of claims and terms, there are now thirty-nine total asserted claims across the eight patents-in-suit. As a result of this reduction in asserted claims, the parties are continuing to reduce the number of terms requiring the Court's construction. The final list will be reflected in the upcoming Amended Joint Claim Construction Statement (L.R. 16.1-15), which the parties anticipate filing with the Court within the next few days. However, given the timing of the upcoming claim construction hearing, the parties felt it prudent to provide the Court with their proposed briefing schedule in advance of that filing. Specifically, the parties propose the following briefing schedule:
EVENT DEADLINE
The parties shall serve and file their respective opening March 27, 2015
claim construction briefs and supporting evidence (90-page
limit)
The parties shall file their respective responsive brief and April 24, 2015
supporting evidence (75-page limit)
The parties shall file and serve any tutorials they wish to April 29, 2015
present during the claim construction hearing1
Claim construction hearing May 5-6, 2015
[PROPOSED] ORDER FOR CLAIM CONSTRUCTION BRIEFING
The Court hereby orders that the parties submit briefs in support of the terms they wish to have the Court construe according to the following schedule:
EVENT DEADLINE
The parties shall serve and file their respective March 27, 2015
opening claim construction briefs and supporting
evidence (90-page limit)
The parties shall file their respective responsive brief April 24, 2015
and supporting evidence (75-page limit)
The parties shall file and serve any tutorials they wish April 29, 2015
to present during the claim construction hearing1
Claim construction hearing May 5-6, 2015
The parties are also instructed to file an Amended Joint Claim Construction Statement pursuant to L.R. 16.1-15 no later than March 13, 2015.
