Free Proposed Order - District Court of Delaware - Delaware

Case 1:06-cv-00762-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LIPPERT COMPONENTS, INC., Plaintiff, v. DEXTER CHASSIS GROUP, INC., Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 06-762-JJF

JOINT MOTION TO ENTER STIPULATED ORDER CONCERNING THE CONSTRUCTION OF UNDISPUTED CLAIM TERMS Plaintiff Lippert Components, Inc. ("LCI") and Defendant Dexter Chassis Group ("Dexter") hereby jointly move the Court for entry of a Stipulated Order Concerning the Construction of Undisputed Claim Terms, a form of which is being submitted herewith. In support of their motion, the parties state as follows: 1. On June 22, 2007, the Court entered a Rule 16 Scheduling Order (D.I. 21) in the

above-captioned matter. In Section 7 of the Scheduling Order, which sets out the Markman procedures for this case, the Court directed the parties to exchange proposed constructions of disputed terms, and subsequently confer to determine whether any proposed constructions can be agreed upon. The Court then requested that the parties' subsequent Markman briefs be directed to any remaining disputed terms. 2. As a result of conferences held amongst the parties pursuant to the Court's

Markman procedures, the parties have come to agreement as to the proper construction of several claim terms. Accordingly, the parties hereby move the Court for entry of a Stipulated Order concerning the agreed construction of those claim terms. A form of order, stating the agreed constructions, is attached hereto as Exhibit A.

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3.

Pursuant to the Scheduling Order, the parties will address the construction of the

remaining disputed terms separately, in their respective opening and response briefs. WHEREFORE, Plaintiff LCI and Defendant Dexter respectfully request that the Court enter the attached Stipulated Order.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP

GREENBERG TRAURIG LLP

/s/ Thomas C. Grimm
_________________________________________ Thomas C. Grimm (#1098) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Plaintiff

/s/ Donald J. Detweiler
_________________________________ Donald J. Detweiler (#3087) Titanai R. Mack (#4120) The Nemours Building 1007 North Orange Street, Suite 1200 Wilmington, DE 19801 (302) 661-7000 [email protected] [email protected] Attorneys for Defendant OF COUNSEL: George G. Matava Brian A. Carpenter Stephen B. Perkins GREENBERG TRAURIG LLP 1200 17th Street, Suite 2400 Denver, CO 80202 (303) 572-6500

OF COUNSEL: Dean A. Monco Brad R. Bertoglio WOOD PHILLIPS 500 West Madison Street Suite 3800 Chicago, IL 60661-2562 (312) 876-1800 September 14, 2007
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