Opinion
Civil Action No. 15-cv-01023-REB-KMT
08-17-2015
KW-2, LLC, Plaintiff, v. ASUS COMPUTER INTERNATIONAL, et al. Defendants.
(Consolidated with Civil Action Nos. 15-cv-01024-REB-KMT and 15-cv-01025-REB-KMT)
ORDER CONCERNING APPOINTMENT OF MASTER
Blackburn, J.
This matter is before the court sua sponte. These consolidated patent infringement cases concern a patent for a battery monitor system for interface and control of lithium-ion batteries useable in micro-grids and other applications. This case is ripe for the construction of disputed claims applying the standards of Markman v. Westview Instruments , Inc., 517 U.S. 370, 384-88 (1996) and its progeny.
The patents-in-suit concerns technology that is highly specialized and technical. It is likely that a master with education and skill in the technical areas of the patents-in-suit will be able to construe the disputed claims more accurately, efficaciously, and expeditiously than a judge of this court. Under Fed. R. Civ. P. 53(a)(1), these circumstances are sufficient to warrant the appointment of a master.
Before appointing a master, the court must give the parties notice and an opportunity to be heard. FED. R. CIV. P. 53(b)(1). This order shall serve as notice to the parties of the court's intent to appoint a master to construe the disputed claims of the patents-in-suit. This order provides a schedule for the parties to state their positions on this issue and to suggest candidates for the position of master.
THEREFORE, IT IS ORDERED as follows:
1. That by September 14, 2015, each party shall file a brief addressing the question whether a master should be appointed to construe the disputed claims of the patents-in-suit;
2. That in its brief, each party shall state whether it consents to the appointment of a master to construe the disputed claims of the patents-in-suit;
3. That in its brief, each party may suggest one or more candidates for appointment as a master and shall include a curriculum vitae of the relevant qualifications of any candidate;
4. That any party that supports and consents to the appointment of a master shall file a proposed order which appoints a master to construe the disputed claims of the patent(s) in suit and which contains the contents required under Fed. R. Civ. P. 53(b)(2)(A)-(E); and
5. That the proposed order shall be filed in CM/ECF as an attachment to the brief of the party submitting the proposed order and shall be tendered separately to the court in a Microsoft Word document via e-mail at blackburn chambers@cod.uscourts.gov.
Dated August 17, 2015, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge