Magistrate sets procedure for claim construction

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, July 16, 2009 (Order).

Stark, M. J.  Magistrate Judge issues order outlining claim construction procedures.

Magistrate Judge Stark ordered the following procedures after submission of a joint status report: Each side was allotted a half-hour to present a tutorial on August 24, 2009.  A joint request to file 60-page opening claim construction briefs and 40-page answering claim construction briefs was denied.  The parties are limited to 30 pages each for each brief.  The Court will construe up to 12 disputed terms in conjunction with the Sept. 23, 2009 Markman hearing.  Opening briefs are due August 5, 2009.  If the parties are unable to agree on 12 terms, they shall submit a joint letter limited to 5 pages with their respective positions on which terms the Court should construe.  In this case, the Court will advise the parties as to which terms it will construe limited to 10 terms.  The Court declines to stay the portion of the case involving patents pending reexamination.  It has stayed the portion of the case involving 106 accused products at issue in another action pending in this court.

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