Filed: Aug. 26, 2015
Latest Update: Aug. 26, 2015
Summary: ORDER CONCERNING APPOINTMENT OF MASTER ROBERT E. BLACKBURN , District Judge . This matter is before the court sua sponte. This patent infringement case concerns Unites States Patent No. 7,277,995, a patent for a storage controller that provides controlled access to storage devices by host computers. This case is ripe for the construction of disputed claims applying the standards of Markman v. Westview Instruments, Inc., 517 U.S. 370 , 384-88 (1996) and its progeny. The patent-in-sui
Summary: ORDER CONCERNING APPOINTMENT OF MASTER ROBERT E. BLACKBURN , District Judge . This matter is before the court sua sponte. This patent infringement case concerns Unites States Patent No. 7,277,995, a patent for a storage controller that provides controlled access to storage devices by host computers. This case is ripe for the construction of disputed claims applying the standards of Markman v. Westview Instruments, Inc., 517 U.S. 370 , 384-88 (1996) and its progeny. The patent-in-suit..
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ORDER CONCERNING APPOINTMENT OF MASTER
ROBERT E. BLACKBURN, District Judge.
This matter is before the court sua sponte. This patent infringement case concerns Unites States Patent No. 7,277,995, a patent for a storage controller that provides controlled access to storage devices by host computers. This case is ripe for the construction of disputed claims applying the standards of Markman v. Westview Instruments, Inc., 517 U.S. 370, 384-88 (1996) and its progeny.
The patent-in-suit concerns technology that is highly specialized and technical. It is likely that a master with education and skill in the technical areas of the patent-in-suit will be able to construe the disputed claims more accurately, efficaciously, and expeditiously than a judge of this court. Under Fed. R. Civ. P. 53(a)(1), these circumstances are sufficient to warrant the appointment of a master.
Before appointing a master, the court must give the parties notice and an opportunity to be heard. FED. R. CIV. P. 53(b)(1). This order shall serve as notice to the parties of the court's intent to appoint a master to construe the disputed claims of the patent-in-suit. This order provides a schedule for the parties to state their positions on this issue and to suggest candidates for the position of master.
THEREFORE, IT IS ORDERED as follows:
1. That by September 30, 2015, each party shall file a brief addressing the question whether a master should be appointed to construe the disputed claims of the patent-in-suit and to manage related discovery and other matters;
2. That in its brief, each party shall state whether it consents to the appointment of a master to construe the disputed claims of the patent-in-suit and to manage related discovery and other matters;
3. That in its brief, each party may suggest one or more candidates for appointment as a master and shall include a curriculum vitae of the qualifications of any candidate;
4. That any party that supports and consents to the appointment of a master shall file a proposed order which appoints a master to construe the disputed claims of the patent-in-suit and to manage related discovery and other matters and which contains the contents required under Fed. R. Civ. P. 53(b)(2)(A)-(E); and
5. That the proposed order shall be filed in CM/ECF as an attachment to the brief of the party submitting the proposed order and shall be tendered separately to the court in a Microsoft Word document via e-mail at blackburn_chambers@cod.uscourts.gov.
