Free Status Report - District Court of Colorado - Colorado

Case 1:00-cv-02229-JLK-KLM

Document 60

Filed 03/29/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:00-cv-02229-JLK CAUGHT FISH ENTERPRISES, LLC, a Colorado limited liability company, and METAL ROOF INNOVATIONS, LTD., a Colorado corporation Plaintiffs, vs. CONTEK, INC., d/b/a SNOW MANAGEMENT SYSTEMS, a Vermont corporation Defendant.

PLAINTIFFS' UNOPPOSED REQUEST FOR STATUS

Plaintiffs Caught Fish Enterprises, LLC and Metal Roof Innovations, Ltd. (collectively "Caught Fish") file this Unopposed Request for Status. In support thereof, Caught Fish states: 1. Report On April 13, 2006, the Court issued an Order requesting the parties to file a Status by May 1, 2006 related to their respective positions regarding claim

construction/interpretation of the subject patent in the instant case. 2. On April 30, 2006, Caught Fish filed its Report in Further Support of Plaintiffs'

Markman Positions. 3. On May 1, 2006, Contek filed its Status Report Regarding Interpretation of the

Plaintiffs' Patents.

Case 1:00-cv-02229-JLK-KLM

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4. July 12, 2006. 5.

On May 9, 2006, the Court ordered a two-day Markman Hearing commencing on

On July 10, 2006, the Parties jointly filed a Notice of Stipulation Concerning the

Scheduled July 12-13, 2006 Markman Hearing related to disputed claim terms and use of evidence at the hearing. 6. On July 12, 2006, a Markman Hearing was held and claim interpretation arguments

were presented by the Parties. 7. On July 18, 2006, the Court issued an Order stating "[u]pon consideration of the

parties' respective briefs and supplemental submissions and their argument at the hearing held on July 12, 2006, I have decided that the Plaintiffs' proposed construction of the disputed terms, as set forth in Exhibit 1 to the parties' Notice and Stipulation Concerning the Scheduled July 12-13, 2006 Markman Hearing, is correct under the standard most recently declared by the Federal Circuit in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc)." 8. The Court further stated that a written opinion providing the basis for its decision

would be issued in the "next four to six weeks." 9. To date, the Court has not issued a written opinion relating to its findings of the

July 12, 2006 Markman Hearing. 10. Pursuant to D.C.COLO.LR 7.1A, the undersigned counsel has conferred with counsel

for Contek, who has stated that the Defendants do not oppose Caught Fish's Request for Status. WHEREFORE, Caught Fish respectfully requests a status from the Court regarding disposition of claim construction.

Case 1:00-cv-02229-JLK-KLM

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Dated: March 29, 2007

Respectfully submitted, By: s/ Paul S. Cha Robert R. Brunelli Paul S. Cha SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, Colorado 80202-5141 Telephone: (303) 863-9700 Facsimile: (303) 863-0223 E-mail: [email protected] [email protected] [email protected]

ATTORNEYS FOR PLAINTIFFS CAUGHT FISH ENTERPRISES, LLC AND METAL ROOF INNOVATIONS, LTD.

Case 1:00-cv-02229-JLK-KLM

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Filed 03/29/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 29th day of March, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Donald Degnan [email protected] Timothy P. Getzoff [email protected] Joseph Jaros [email protected] Holland & Hart, LLP 1800 Broadway, Suite 300 Boulder, Colorado 80302-5144 ATTORNEYS FOR DEFENDANT CONTEK, INC., d/b/a SNOW MANAGEMENT SYSTEMS

s/ Kristin M. Heil Kristin M. Heil Assistant to Paul S. Cha SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, Colorado 80202-5141 Telephone: (303) 863-9700 Facsimile: (303) 863-0223 E-mail: [email protected] [email protected]
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