UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
February 9, 2011
MICROSOFT CORPORATION, A WASHINGTON CORPORATION,
TIVO INC., A DELAWARE CORPORATION,
The opinion of the court was delivered by: Lucy H. Koh United States District Judge United States District Court For the Northern District of California
United States District Court For the Northern District of California
ORDER CLARIFYING CLAIM CONSTRUCTION BRIEFING; DENYING WITHOUT PREJUDICE REQUEST TO BRIEF ADDITIONAL CLAIM TERMS; GRANTING REQUEST TO INCREASE PAGE LIMITS
The Court has reviewed Defendant's Administrative Motion for Clarification of the Proper Procedure for Claim Construction Briefing. For the claim construction hearing set for May 17, 2011, the parties shall brief only the ten most significant terms identified in the parties' Joint Claim Construction and Prehearing Statement. After the Court construes these claim terms and rules on 21 summary judgment motions, the Court will determine whether additional claim terms should be 22 construed. At this time, therefore, the Court denies without prejudice Defendant's request to brief 23 additional claim terms.
The Court grants Defendant's request to increase the page limits for claim construction briefing as follows: 35 pages for opening motions, 35 pages for oppositions, and 20 pages for 26 replies. 27 28 Finally, it appears that Plaintiff's counsel spoke with the Courtroom Deputy without prior notice to opposing counsel. In the future, counsel must comply with the local rules and refrain 3 from making phone calls to the Courtroom Deputy (other than for scheduling matters) or any other 4 chambers staff without prior notice to opposing counsel.
IT IS SO ORDERED.
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