Wednesday, March 25, 2015

Parties Ordered to Identify Ten Most Significant Disputed Terms

In response to the parties' joint claim construction statement addressing twenty-three disputed terms, the court ordered the parties to "identify the ten terms the construction of which will be the most significant in the resolution of this dispute." "It is not apparent to the court why many of the terms, such as 'file,' are in dispute, let alone case or claim dispositive. . . . The purpose of requesting construction of a term is not to lard the record with potential error or to impose costs on an opponent. Given the number of terms in dispute, the court orders that the parties meet and confer in good faith, in an attempt to reduce the number of terms in need of construction and to determine those terms on which agreement can be reached. . . . The traditional primer on the general principles of Markman v. Westview Instruments, Inc., 517 U.S. 370, 116 S. Ct. 1384 (1996) and Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc) is not likely to be necessary or helpful."

Personal Audio LLC v. Acer America Corp. et al, 1-14-cv-00008 (TXED March 23, 2015, Order) (Clark, J.)

No comments: