MINUTES (IN CHAMBERS) Order GRANTING-IN-PART and DENYING-IN-PART Motions to Dismiss by Judge Andre Birotte Jr.: The Court GRANTS-IN-PART and DENIES-IN-PART Plaintiff's Motions to Dismiss Counterclaims III and IV and to Strike Tenth Affirmative Defense 112. Jury Trial set for 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference set for 11:00 AM before Judge Andre Birotte Jr. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by. Deadline to Complete Settlement Conference. Last Date to Hear Motion to Amend Pleadings/Add Parties. Deadline to File Joint Claim Construction Chart. Deadline to File Reply Claim Construction Brief. Deadline to File Responsive Claim Construction Brief. Deadline to File Opening Claim Construction Brief. Deadline to Complete Claim Construction Discovery. Deadline to File Joint Claim Construction and Prehearing Statement. ORDER GRANTING JOINT MOTION TO EXTEND DATES AND DEADLINES by Judge Andre Birotte Jr.: Upon Stipulation 121, IT IS HEREBY ORDERED that the following dates and deadlines shall apply in the matters: Hearing on Plaintiff's Pending Motion to Dismiss 112 on at 10:00 AM before Judge Andre Birotte Jr. They must address their preference in their Rule 26 Joint Report filed in preparation for the Scheduling Conference, and therewith file any additional proposed dates required by their selected Patent Local Rules. The parties are ORDERED to meet and confer on selecting Patent Local Rules, and ideally stipulate to a set. The Court recommends the parties review the Patent Local Rules from the Northern District of California, the Eastern District of Texas, and those issued by Judge Guilford in the Central District of California, as those have been applied in the past. This Court does not have a preferred set of Patent Local Rules but instead will require the parties to stipulate to the Patent Local Rules that will best suit this case. The Court will require the parties to abide by a set of Patent Local Rules. Section 284 as to the '154 and '747 patents (2) For attorneys' fees under 35 U.S.C. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS FIRST AMENDED COMPLAINT 43 by Judge Andre Birotte Jr.: The Motions to Dismiss are GRANTED as to the following claims only: (1) For willful patent infringement under 35 U.S.C. ELLIOTT, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5 Exhibit C to Declaration, # 6 Exhibit D to Declaration, # 7 Exhibit E to Declaration, # 8 Exhibit F to Declaration, # 9 Exhibit G to Declaration, # 10 Exhibit H to Declaration, # 11 Exhibit I to Declaration, # 12 Exhibit J to Declaration, # 13 Exhibit K to Declaration, # 14 Exhibit L to Declaration, # 15 Exhibit M to Declaration, # 16 Exhibit N to Declaration, # 17 Proposed Order Granting Defendant's Motion for Costs Pursuant to FRCP 41(d) and Staying Case) (Elliott, Kyle) (Entered: ) (Attachments: # 1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS MOTION FOR COSTS PURSUANT TO FRCP 41(D) AND STAYING CASE UNTIL PAYMENT IS MADE, # 2 Declaration OF KYLE L. Motion set for hearing on at 10:00 AM before Judge Andre Birotte Jr. NOTICE OF MOTION AND MOTION to Stay Case pending PAYMENT OF COSTS PURSUANT TO FRCP 41(D) AND STAYING UNTIL PAYMENT IS MADE filed by Defendant Sizewise Rentals LLC.
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