We’ll be scheduling discovery on the issues of the Markman
hearings only and we’ll proceed with Markman discovery.
Judge Krieger has agreed thereafter to set a Markman
hearing, she will then deal with the claim construction. At
that point the Court’s anticipating setting the settlement
conference before setting any further discovery on the
merits, so that’s how we’ll proceed .
Regarding the computation of damages, by when is
plaintiff going to know about their computation of damages
in a little more specificity?
MR. JAMESON: Your Honor, that typically would
happen once we receive sales information from the
defendants.
THE COURT: All right.
MR. JAMESON: We understand the scope of the
products, we retain an expert, and that would happen in the
expert phase of the case.
should read “decision and meet to determine a scheduling
order on the merits.”
N, paragraph (n), on page 17, 28 days after the
Court issues a claim construction order, parties to file a
proposed amended scheduling order regarding -- and then it
should read after order, delete the rest of that in that
sentence, and it should read “regarding phase 2 of discovery
on the merits.” Because what we’re doing first is phase 1.
So it should read “regarding phase 2 of discovery on the
merits.” Okay?
MR. COHEN: Your Honor, Eric Cohen for Teac, Samson
and Kyocera. I just make -- I just want to clarify a point
that we have not yet done –- on behalf of my clients, we
have not yet done any prior art searches. We will be doing
prior art searches. We are aware of some prior art right
now and, of course, we will provide that, but I want to
clarify whether the Court intends that this order apply only
to the prior art that we are currently aware of and that
we’re not precluded if we discover prior art down the road
from relying on that.
THE COURT: No, get your art in, that’s what the
Markman hearing is about. We’re not going to go through all
of this discovery and then all of the sudden you say, well,
we had this prior art.
MR. JAMESON: I would think if we used an expert
for some reason during claim construction it would be a
single expert.
THE COURT: Okay. And the reason why I’m asking
that is because we’ve got to set a date to complete all this
discovery.
