Free Joint Hearing Statement - District Court of California - California

Case 3:07-cv-02294-L-BLM

Document 44

Filed 07/11/2008

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Dan Lawton (State Bar No. 127342) Joseph C. Kracht (State Bar No. 228507) Matt Valenti (State Bar No. 253978) Lisa M. Pisano (State Bar No. 256882) LAWTON LAW FIRM Emerald Plaza 402 West Broadway, Suite 1860 San Diego, CA 92101 (619) 595-1370 (619) 595-1520 (Telefacsimile Number) [email protected] (electronic mail) Attorneys for Plaintiff AntiCancer, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

ANTICANCER, INC., a California corporation,

) ) ) Plaintiff, ) ) v. ) ) TECO DIAGNOSTICS, a California ) corporation; KC CHEN, a natural person; ) TONG CHIAH, a natural person; JIAN ) YANG VAECHES, a natural person; and ) DOES 1-30, ) ) Defendants. ) ) ) _________________________________ )

Case No. 07-CV-2294-L (BLM) JOINT HEARING STATEMENT, JOINT CLAIM CONSTRUCTION CHART, AND JOINT CLAIM CONSTRUCTION WORKSHEET Judge: Hon. M. James Lorenz Courtroom: 14

Pursuant to Local Rule 4.2 and the Court's Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings of March 18, 2008, AntiCancer, Inc. ("AntiCancer") on the one hand, and Teco Diagnostics, KC Chen, Tong Chiah, and Jian Yang Vaeches (collectively "Teco") on the other hand, hereby submit this Joint Hearing Statement and attached Joint Claim Construction Chart and Joint Claim Construction Worksheet. The patents at issue in this litigation are: U.S. Patent Number 5,998,191 ("the `191 patent"); U.S. Patent Number 6,066,467 ("the `467 patent"); U.S. Patent Number 6,140,102 ("the `102 patent"); and U.S. Patent Number 6,468,762 ("the `762 patent").

Case No. 07CV2294L(BLM)

Case 3:07-cv-02294-L-BLM

Document 44

Filed 07/11/2008

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In the accompanying Joint Claim Construction Chart and Joint Claim Construction Worksheet (which Worksheet will be submitted separately on computer disk in WordPerfect format), the parties have identified the claim terms which should be construed at the Claim Construction Hearing, each party's respective construction of those terms, and references to the intrinsic and extrinsic evidence supporting each construction. As indicated in the accompanying Joint Claim Construction Chart and Joint Claim Construction Worksheet, the parties have conferred about the meaning of these terms and have come to an agreement for each one. The parties have agreed that tutorials informing the Court about the science and technology at issue are appropriate. The parties believe that the Claim Construction Hearing will require no more than one day. The parties do not expect to present any live witnesses at the Claim Construction Hearing, but may rely upon the presentation of an expert during their respective tutorials. Respectfully submitted, Dated: July 11, 2008 LAWTON LAW FIRM

By:

s/Joseph C. Kracht Attorney for Plaintiff AntiCancer, Inc.

Dated: July 11, 2008

FOLEY BEZEK BEHLE & CURTIS, LLP

By:
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s/Roger N. Behle, Jr. Attorney for Defendants Teco Diagnostics, KC Chen, Tong Chiah, and Jian Yang Vaeches

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Case No. 07CV2294L(BLM)

Case 3:07-cv-02294-L-BLM

Document 44

Filed 07/11/2008

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing JOINT HEARING STATEMENT was this date served upon all counsel of record by transmission through the Case Management/Electronic Case Filing (CM/ECF) system of the U.S. District Court for the Southern District of California, and that all parties in this case are represented by counsel who are CM/ECF participants.

Dated: July 11, 2008

By: s/Joseph C. Kracht Attorney for Plaintiff AntiCancer, Inc.

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Case No. 07CV2294L(BLM)