Here is the judges order:
INTERACTIVE GIFT EXPRESS, INC.
Plaintiff,
v .
COMPUSERVE INCORPORATED, et al.,
Defendants.
-----------------------------------
95 Civ. 6871 (BSJ)
ORDER
Barbara S. Jones, United States District Judge:
Having heard the parties at a pretrial conference on June 21, 1996, and upon
agreement of the parties, it is hereby
ORDERED that, plaintiff shall within 60 days of the date of this order serve on
defendants the following:
1.An identification of the products or services of each defendant which
plaintiff contends infringe the patent in suit;
2.A list of each claim alleged to be infringed;
3.Plaintiff's proposed claim construction for each claim listed in 2 above.
Such proposed construction shall identify and define any terms of art or
technical term in the claim and shall also identify and define any terms
which plaintiff contends are used contrary to their normal usage in everday
language;
4.A brief analysis in accordance with 35 U.S.C. § 112 ¶ 16 defining and
identifying the range of equivalents asserted by plaintiff, should any of the
above listed claims include "means plus function" language; and
5.Plaintiff's definition of the person of ordinary skill in the relevant art for
each patent asserted.
With respect to the information provided by plaintiff pursuant to paragraphs 1
through 4 above, plaintiff may amend such information up to 30 days prior to the
date on which any proceeding is held by the court to construe the claims alleged
to be infringed.
It is further directed that initial discovery shall be limited to claim construction
proceedings pursuant to or consistent with Markman v. Westview Instruments, Inc.,
64 U.S.L.W. 4263, 116 S.Ct. 1384 (1996).
It is further directed that a telephonic status conference shall take place on
September 6, 1996 at 2:00 p.m., and that pursuant to this conference, the parties
shall advise chambers by letter as to any discovery disputes on or before
September 3, 1996.
It is further ordered that counsel to whom this Order is sent is responsible for
faxing a copy to all counsel and retaining verification of such in the case file. Do
not fax such verification to chambers.
So ordered.
<Barbara S. Jones>
United States District Judge
Dated:
New York, New York
June 25, 1996 |
