Filed: Apr. 30, 2015
Latest Update: Apr. 30, 2015
Summary: ORDER FOR STATUS REPORT ROBERT E. BLACKBURN , District Judge . This matter is before the court sua sponte. This case remains set for a jury trial to begin June 1, 2015. In view of that setting, a status report from the parties is necessary. In the Order Concerning Motion to Dismiss & Motions for Summary Judgment Addressing Collateral Estoppel [#205] 1 and the Order Construing Disputed Patent Claim Terms & Resolving Motions for Summary Judgment [#206], both filed March 30, 2015, the
Summary: ORDER FOR STATUS REPORT ROBERT E. BLACKBURN , District Judge . This matter is before the court sua sponte. This case remains set for a jury trial to begin June 1, 2015. In view of that setting, a status report from the parties is necessary. In the Order Concerning Motion to Dismiss & Motions for Summary Judgment Addressing Collateral Estoppel [#205] 1 and the Order Construing Disputed Patent Claim Terms & Resolving Motions for Summary Judgment [#206], both filed March 30, 2015, the c..
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ORDER FOR STATUS REPORT
ROBERT E. BLACKBURN, District Judge.
This matter is before the court sua sponte. This case remains set for a jury trial to begin June 1, 2015. In view of that setting, a status report from the parties is necessary.
In the Order Concerning Motion to Dismiss & Motions for Summary Judgment Addressing Collateral Estoppel [#205]1 and the Order Construing Disputed Patent Claim Terms & Resolving Motions for Summary Judgment [#206], both filed March 30, 2015, the court resolved all of the patent infringement claims of Wyers Products Group, Inc. and Philip W. Wyers (Wyers) concerning the `115 patent and the `121 patent owned by Wyers. In addition, the court resolved many of the patent infringement claims asserted by Cequent Performance Products, Inc. and Cequent Consumer Products, Inc. (Cequent) concerning its `686 patent.
However, not all of the infringement claims of Cequent concerning the `686 patent were addressed in the motion for summary judgment of Cequent. Thus, those infringement claims were not resolved in the order [#206] resolving that motion. Rather, Cequent noted in its motion for summary judgment [#158], and the court noted in its order [#206], that Cequent indicates it will prove these additional infringement claims at trial. Motion for summary judgment [#158], p. 17, n. 6; order [#206], p. 24. No judgment has entered in this case.
With the remaining infringement claims of Cequent still pending, the court has maintained the June 1, 2015, trial setting. However, Wyers filed a Notice of Appeal [#207] on April 13, 2015. Given these circumstances, a joint status report from the parties is necessary to determine: (1) what infringement claims of Cequent concerning the `686 patent remain pending; (2) the amount of trial time reasonably necessary to resolve those claims; and (3) what effect, if any, the pending appeal has on the jurisdiction of this court to proceed to trial.
THEREFORE, IT IS ORDERED as follows:
1. That by May 11, 2015, the parties shall file a joint status report;
2. That the parties shall specify in the status report which infringement claims, if any, of Cequent concerning the `686 patent still are pending;
3. That the parties shall specify in the status report the number of trial days reasonably necessary to try the remaining infringement claims, if any, of Cequent concerning the `686 patent; and
4. That the parties shall specify what effect, if any, the pending appeal has on the jurisdiction of this court to proceed to trial.
