Free Order - District Court of Colorado - Colorado

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

Document 59

Filed 07/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 00-cv-02229-JLK CAUGHT FISH ENTERPRISES, LLC, a Colorado limited liability company, and METAL ROOF INNOVATIONS, LTD., a Colorado corporation Plaintiffs, v. CONTEK, INC., d/b/a/SNOW MANAGEMENT SYSTEMS, a Vermont corporation, Defendant. ________________________________________________________________________ ORDER ________________________________________________________________________ Kane, J. This matter is before me to decide the proper construction of disputed claim terms set forth in U.S. Patent No. 5,228,248 (" ` patent" and U.S. Patent No. 5,983,588 the 248 ) (" ` patent" Upon consideration of the parties'respective briefs and the 588 ). supplemental submissions and their argument at the hearing held on July 12, 2006, I have decided that 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 (Doc. 54), 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).

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

Document 59

Filed 07/18/2006

Page 2 of 2

I expect to issue a written opinion providing the basis for this decision in the next four to six weeks. After this opinion issues, I will set a status conference to determine whether and when to set this case for trial. If the parties would like to be referred to a magistrate judge for a settlement conference in light of my decision on the disputed claim construction issues, they should contact my chambers as soon as possible. Dated this 18th day of July, 2006. s/John L. Kane SENIOR U.S. DISTRICT JUDGE

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