Opinion
NO. C 09-05235 JW
10-06-2011
Power Integrations, Inc., Plaintiff, v. Fairchild Semiconductor Int'l, Inc. et al., Defendants.
ORDER SETTING BRIEFING ON ADDITIONAL CLAIM CONSTRUCTION
On September 14, 2011, the Court ordered the parties to submit supplemental briefs on the question of whether the Court should construe additional terms identified by the parties as being disputed. Defendants submitted briefing contending that the Court should construe the phrases "to switch the power switch" and "current limit" on the grounds that these terms might be dispositive as to questions of patent validity or infringement. Plaintiff contends that even if the Court were to adopt the claim constructions offered by Defendants, this would not be dispositive of either invalidity or infringement. Plaintiff accordingly asks that the case be set for trial. (Id.)
(Order Vacating Case Management Conference; Setting Briefing Schedule, hereafter, "Order," Docket Item No. 134.)
(Defendants' Brief in Support of Supplemental Claim Construction, hereafter, "Defendants' Brief," Docket Item No. 135.)
(Power Integrations' Brief re. No Need for Further Claim Construction at 4, hereafter, "Plaintiff's Brief," Docket Item No. 137.)
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The Patent Local Rules provide that parties shall prepare for claim construction by "jointly identify[ing] the 10 terms likely to be most significant to resolving the parties' dispute, including those terms for which construction may be case or claim dispositive." Patent L.R. 4-1(b).
Upon review, the Court finds good cause to construe the additional terms because they may be dispositive in resolving the claims. On or before October 13, 2011, the parties shall file simultaneous claim construction briefs of no more than ten pages on the two terms. Unless otherwise ordered by the Court, the matter will be taken under submission for decision without oral argument.
On November 21, 2011 at 10 a.m. the parties shall appear for a Case Management Conference. On or before October 28, 2011, the parties shall submit a Joint Case Management Statement. The Statement shall include, among other things, the parties' proposed schedule on how this case should proceed and an update on the parties' settlement efforts.
JAMES WARE
United States District Chief Judge
THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:
Anthony R. de Alcuaz adealcuaz@mwe.com
Frank Everett Scherkenbach scherkenbach@fr.com
Howard Glenn Pollack pollack@fr.com
Jeremiah Aaron Armstrong jarmstrong@mwe.com
Jeremy Todd Elman jelman@mwe.com
Jeremy Todd Elman jelman@mwe.com
Michael Richard Headley headley@fr.com
Richard W. Wieking, Clerk
JW Chambers
Susan Imbriani
Courtroom Deputy