Re: EDIG v. CO 19 Markman Date 1/28/11
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Message: EDIG v. CO 19 Markman Date 1/28/11
You just have to wonder how many, if any, will blink right before the hearing, if not sooner.
One counsel will serve as lead counsel for all defendants at this proceeding as well as the
Markman Hearing.
How many attorneys have left ?
The bar has been raised.
HEARING: Law and Motion 10:04 a.m. Court in session. The Court addresses setting the Markman hearing and the joint claim construction statement. 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
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
10:35 a.m. Court in recess. Total Time: 31 minutes. Hearing concluded. 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. 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.
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.
COURTROOM MINUTES
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