Thursday, February 9, 2012

Lead Counsel Ordered To Meet & Confer Concerning "Each And Every Claim Construction" After Briefing But Before Hearing

The court ordered lead counsel to meet and confer in person prior to the Markman hearing. "After the matter has been fully briefed and prior to the hearing, lead counsel shall meet and confer in person. Lead counsel shall discuss each and every claim construction at issue, and engage in a good faith effort to resolve any differences. In the court’s experience, parties are often able to, and do in fact, resolve such differences at the Markman hearing. This Order is therefore appropriate to avoid undue expenditure of judicial resources prior to the hearing, addressing issues not truly in dispute."

J2 Global Communications Inc., et. al. v., et. al., 2-11-cv-02618 (CACD February 7, 2012, Order) (Pregerson, J.)

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