Opinion
Civil Action No. 13-cv-00695
03-22-2013
BALL METAL BEVERAGE CONTAINER CORP., a Colorado corporation, Plaintiff, v. CML&J, LLC, a Connecticut limited liability company, Defendant.
Judge Robert E. Blackburn
ORDER FOR BRIEFING ON MARKMAN ISSUES
Blackburn, J.
This matter is before the court sua sponte. In this action for alleged patent infringement, the court recognizes the need first to construe the claims of the patent before the case properly can proceed to resolution by summary judgment, trial, or otherwise. Therefore, I establish the following briefing schedule to govern resolution of these matters.
IT IS ORDERED as follows:
1. That no later than ninety days after the first answer or other response, e.g., motion to dismiss, etc., to the complaint is filed by the defendant, the parties SHALL FILE a joint claim construction statement setting forth the construction of claims and terms on which the parties agree and the construction of claims and terms on which the parties disagree for the patent or patents at issue;
2. That absent further order of the court, the joint claim construction statement SHALL BE LIMITED to fifteen (15) pages;
3. That the plaintiffs' brief on claim construction SHALL BE FILED 30 days after the joint claim construction statement is filed;
4. That the deadlines for filing a response brief and a reply brief, if any, SHALL BE AS PRESCRIBED by D.C.COLO.LCivR 7.1C.;
5. That absent further order of the court, the plaintiff's brief on claim construction and the defendant's response brief SHALL BE LIMITED to twenty (20) pages;
6. That within ten (10) days after the reply brief is filed, the parties SHALL CONVENE a telephonic motions' hearing setting conference with the court's administrative assistant (303-335-2350) to set a time for a possible Markman hearing; provided, furthermore, that plaintiff is responsible for initiating the call, which must include representatives of all the parties with authority to schedule matters in this case;
7. That based on the parties' submissions, the court will either rule on the papers, order further briefing, convene a Markman hearing, appoint a special master, or take such further action as the court in its discretion deems proper and necessary.
Dated March 22, 2013, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge