IconFind, Inc. v. Google, Inc.
Filing
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr. on 6/7/2011. If Google elects to refile its Motion for Invalidity of US Patent, Court will hear it on 1/23/2012. Tutorial Hearing set for 6/25/2012 at 9:00 AM and Claim Construction Hearing set for 7/23/2012 at 9:00 AM in Courtroom 10 (GEB). (Marciel, M) Modified on 6/8/2011 (Marciel, M).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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IconFind, Inc.
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Plaintiff,
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v.
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Google, Inc.,
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Defendant.
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2:11-cv-00319-GEB-JFM
STATUS (PRETRIAL
SCHEDULING) ORDER
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A status (pretrial scheduling) conference was held on June
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6, 2011.
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Court orders the following:
After the hearing and consultation with the parties, the
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1.
If Google elects to refile its motion for invalidity of U.S.
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Patent No. 7,181,459 under 35 U.S.C. § 101 at the point when the
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pleadings are closed, the Court will hear Google’s renewed Motion on
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January 23, 2012.
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2.
The parties shall file a joint claim construction statement
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no later than May 11, 2012, following a meaningful meeting during
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which the parties shall seek to resolve disputes. Disputed terms,
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phrases, and clauses shall be designated as disputed. For any disputed
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term, phrase, or clause, the joint statement shall list each disputed
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term, phrase, or clause (listed by claim); each party's proposed
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construction; and support for each party's proposed construction side
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by side. A model format for the construction statement is as follows
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(or any other substantively similar format that permits the court to
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compare terms side by side):
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Claim Language
(Disputed term,
phrase, or clause in
Bold)
Plaintiff’s Proposed
Construction and
Evidence in Support
Defendant’s Proposed
Construction and
Evidence in Support
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5.
Parties shall attach to the joint claim constructions
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statement a copy of the patent in dispute. Parties shall also make a
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complete prosecution history for the patent available to the Court
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upon request.
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6.
Claim construction briefs shall address each disputed term,
phrase or clause following the order of the joint statement.
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6)
A tutorial is scheduled to commence at 9:00 a.m. on June 25,
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2012. Each side will be permitted 45-60 minutes to present a short
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summary and explanation of the technology at issue. The patent holder
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will make the first presentation. Visual aids are encouraged.
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7)
A claim construction hearing is scheduled to commence at
9:00 a.m. on July 23, 2012.
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8)
Upon issuance of the claim construction ruling, the Court
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will also set a date for the filing of a further joint status report.
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In that report, the parties must address the following topics:
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a)
Whether either party wishes to certify the claim
construction ruling for immediate appeal to the Federal Circuit;
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b)
The filing of dispositive motions, and timing of those
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c)
Anticipated post-claim construction discovery;
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d)
Any other pretrial matters.
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motions;
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IT IS SO ORDERED.
Dated:
June 7, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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