Opinion
CASE NO. 11-cv-774-PSG (Lead case)
03-29-2013
SEALANT SYSTEMS INTERNATIONAL, INC., and ACCESSORIES MARKETING, INC., Plaintiffs, v. TEK GLOBAL S.R.L. and TEK CORPORATION, Defendants.
JEFFER, MANGELS, BUTLER & MITCHELL LLP STANLEY M. GIBSON (Bar No. 162329) GREGORY S. CORDREY (Bar No. 190144) ANDREW I. SHADOFF (Bar No. 272319) Attorneys for Plaintiffs SEALANT SYSTEMS INTERNATIONAL INC. ACCESSORIES MARKETING, INC.
JEFFER, MANGELS, BUTLER & MITCHELL LLP
STANLEY M. GIBSON (Bar No. 162329)
GREGORY S. CORDREY (Bar No. 190144)
ANDREW I. SHADOFF (Bar No. 272319)
Attorneys for Plaintiffs
SEALANT SYSTEMS INTERNATIONAL INC.
ACCESSORIES MARKETING, INC.
[PROPOSED] ORDER RE JOINT
STIPULATION TO PRECLUDE EVIDENCE
OR TESTIMONY RELATING TO TEK'S
CONSTRUCTIONS OF CLAIM
LANGUAGE THAT CONFLICT WITH THE
COURT'S CONSTRUCTIONS
[Joint Stipulation filed concurrently herewith]
Final Pretrial
Conference Date: April 2, 2013
Judge: Hon. Paul S. Grewal
(Consolidated with Case No. 11-cv-1649)
[PROPOSED] ORDER
The Court, having reviewed the Joint Stipulation to Preclude Evidence or Testimony Relating to TEK's Construction of Claim Language That Conflicts with the Court's Construction filed by Plaintiff Accessories Marketing, Inc. ("AMI"), and Defendant TEK Corporation ("TEK"), and good cause appearing therefor, hereby ORDERS that:
1. TEK may not introduce evidence or testimony, including the testimony of Dr. Homayoon Kazerooni, relating to or based on claim constructions that differ from the Court's claim constructions.
2. TEK may not introduce evidence or testimony relating to or based on the construction of the terms "opposite substantially the same opening" or "opening substantially opposes" as those terms appear in AMI's U.S. Patent No. 6,789,581, that are different from the Court's construction of these claim terms.
IT IS SO ORDERED.
_______________________
Hon. Paul Singh Grewal
United States District Court