Opinion
Civil Action No. 12-cv-00733-PAB-BNB
06-08-2012
Judge Philip A. Brimmer
ORDER SETTING HEARING UNDER FED. R. CIV. P. 16
This matter comes before the Court upon a Complaint filed by the Plaintiffs alleging the infringement of two patents. In light thereof, a hearing pursuant to Fed. R. Civ. P. 16 is appropriate. It is
ORDERED that:
1. A hearing is set for Monday, June 11, 2012 at 10:30 a.m. in Courtroom A701 at the United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel shall bring have their calendars available. This is not a scheduling conference. The parties should not submit a proposed scheduling order.
2. Counsel may appear by telephone given the short duration of these hearings and shall do so by creating a conference call among themselves and then calling Chambers at (303) 335-2794 at the scheduled time.
3. Prior to the hearing, the parties shall confer about the following issues and be prepared to address them at the hearing:
• Whether there are issues of claim construction.
• Whether a hearing will be required under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996).
• If a Markman hearing is required, whether discovery is necessary prior to such hearing. If so, what discovery is required. (This hearing does not substitute for a scheduling conference before the Magistrate Judge.)
• Whether there are any other issues or impediments to the setting of a Markman hearing.
• Other appropriate issues enumerated in Fed. R. Civ. P. 16(c).
BY THE COURT:
__________________
PHILIP A. BRIMMER
United States District Judge