Potter Voice Technologies LLC v. Apple Inc, et al
Filing
326
ORDER. The claims of the plaintiff against defendants, Google, Inc, HTC America, Inc., Sony Mobile Communications (U.S.A.) Inc., LG Electronics Mobilecomm U.S.A., Inc., ZTE (USA) Inc., Kyocera International, Inc., Sharp Electronics Corporation, Huawei Device USA, Inc., and Microsoft Corporation, ARE COMBINED FOR THE LIMITED PURPOSE of the Markman hearing scheduled for Friday, April 5, 2013. By Judge Robert E. Blackburn on 3/29/13. (kfinn, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01096-REB-CBS
POTTER VOICE TECHNOLOGIES LLC,
Plaintiff,
vs.
APPLE, INC.,
GOOGLE, INC.,
HTC AMERICA, INC.,
SONY MOBILE COMMUNICATIONS AB,
LG ELECTRONICS MOBILECOMM U.S.A., INC.,
MOTOROLA MOBILITY, LLC.,
ZTE (USA) INC.,
KYOCERA INTERNATIONAL, INC.,
SHARP CORPORATION,
SHARP ELECTRONICS CORPORATION,
HUAWEI DEVICE USA, INC.,
PANTECH WIRELESS, INC.,
RESEARCH IN MOTION LIMITED,
RESEARCH IN MOTION CORPORATION,
MICROSOFT CORPORATION, and
NOKIA, INC.,
Defendants.
ORDER COMBINING CLAIMS
FOR PURPOSES OF MARKMAN HEARING
Blackburn, J.
This matter is before the court sua sponte. Considering the current posture of
this case, I conclude that combining claims for the limited purpose of a Markman
hearing is appropriate.
Concurrently with this order, I entered an order severing the plaintiff’s claims
against defendants Google, Inc, HTC America, Inc., Sony Mobile Communications
(U.S.A.) Inc., LG Electronics Mobilecomm U.S.A., Inc., ZTE (USA) Inc., Kyocera
International, Inc., Sharp Electronics Corporation, Huawei Device USA, Inc., and
Microsoft Corporation. Given the requirements of 35 U.S.C. § 299, I held that the
claims against these defendants are joined improperly.1
All of the plaintiff’s claims against the severed defendants and the other
defendants are patent infringement claims. A Markman hearing concerning the patent
in suit is scheduled for Friday, April 5, 2013. Although the claims against many
defendants now have been severed, the issues to be addressed at the Markman
hearing are relevant to all of the claims against all of the defendants, whether severed
or not.
THEREFORE, IT IS ORDERED that the claims of the plaintiff against
defendants, Google, Inc, HTC America, Inc., Sony Mobile Communications (U.S.A.)
Inc., LG Electronics Mobilecomm U.S.A., Inc., ZTE (USA) Inc., Kyocera International,
Inc., Sharp Electronics Corporation, Huawei Device USA, Inc., and Microsoft
Corporation, ARE COMBINED FOR THE LIMITED PURPOSE of the Markman hearing
scheduled for Friday, April 5, 2013.
Dated March 29, 2013, at Denver, Colorado.
BY THE COURT:
1
The claims against defendant Apple, Inc. have been severed, and I have ordered that the claims
against Apple, Inc. be transferred to the Northern District of California. The combining of claims
addressed in this order does not apply to the claims against Apple, Inc.
2
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