COURTROOM MINUTES
HEARING: Law and Motion
10:04 a.m. Court in session.
The Court addresses setting the Markman hearing and the joint claim construction statement.
Counsel confirm that all defendants take the same position with regard to the joint construction
statement.
One counsel will serve as lead counsel for all defendants at this proceeding as well as the
Markman Hearing.
The Court addresses presentation of extrinsic evidence. Counsel may stipulate to facts but the
Court will not rely on declarations. Facts that will be elicited in testimony about which no
stipulation has been reached, live testimony will be necessary.
Statements from counsel Featherstone and Youngwirth.
The Court addresses the time needed for the hearing.
Counsel agree that one day is sufficient for the Markman hearing.
ORDER:
One day Markman Hearing set January 28, 2011 at 8:30 a.m. , in Courtroom A901, 901 19th Street, Denver, CO. Six hours will be split evenly between the parties and the time will be tracked on the chess clock by the Courtroom Deputy. The parties must exchange exhibits no later than the Friday before the hearing and will prepare a joint exhibit list and exhibit book(s) for use at the hearing.
The Court addresses Motion to Exclude (Doc #298).
Statement from Mr. Featherstone.
ORDER:
Motion to Exclude (Doc. #298) is GRANTED in part and DENIED
in part. It is
GRANTED
insofar as it refers to a declaration of inventor El wood Norris. It is
DENIED
with leave to renew at the time of the hearing depending upon the
evidence that is proffered by the plaintiff.
The Court addresses status of the scheduling order relative to discovery.
Statements from counsel Yungwirth and Featherstone.
Oral motion from plaintiff’s counsel to lift the stay with regard to further discovery.
ORDER:
Plaintiff’s request to be relieved from the stay with regard to further discovery is
GRANTED
, but the effect of the order is stayed for 21 days. If during the 21 day
period counsel enter into an agreement with regard to how they might take an
appeal from a construction determination, the Court will reconsider this
determination that discovery go forward.
10:35 a.m. Court in recess.
Total Time: 31 minutes.
Hearing concluded.
