Weisner v. Google LLC
- Alvin Hellerstein
- 1:20-cv-02862
- U.S. District Court · Southern District of New York
- 2
In Weisner v. Google, Judge Hellerstein canceled the case-management conference and ordered claim-construction preparations before discovery begins.
Sholem Weisner, Google LLC, and Shmuel Nemanov are affected by the canceled conference, the claim-construction deadlines, the December 12, 2024 hearing, and the pause on discovery.
What happened
In Weisner v. Google LLC, the court canceled the case-management conference scheduled for September 25, 2024, and set procedures for identifying phrases in the patents that require interpretation.
The parties must prepare a four-column table. They must identify the phrases by October 10, 2024; Plaintiff must provide proposed interpretations by October 28; Defendants must provide theirs by November 11; and the parties must jointly file the table by November 18.
Judge Alvin K. Hellerstein scheduled a claim-construction hearing for December 12, 2024, at 10:00 a.m. The court will decide the meaning of the phrases, then discuss discovery, which will not begin until the claim-construction order.
The detailed version
- Weisner v. Google LLC · No. 1:20-cv-02862
- Alvin Hellerstein
- Sept. 19, 2024
Order
The court canceled the case-management conference scheduled for September 25, 2024.
Claim-construction process
The court ordered the parties to meet by October 10, 2024, and prepare a four-column table. The first column must list all phrases in the patent or patents that any party believes require construction, meaning a judicial determination of their proper meaning.
Plaintiff must complete the second column with Plaintiff’s proposed constructions and provide the table to Defendants by October 28, 2024. Defendants must complete the third column with their proposed constructions by November 11, 2024. If Defendants disagree with one another, they may propose separate versions. By November 18, 2024, the parties must jointly file the table, leaving the fourth column blank for the court’s rulings.
Hearing and discovery
The court scheduled a Markman hearing for December 12, 2024, at 10:00 a.m. At that hearing, the court will decide the proper construction of each phrase and then discuss the parties’ discovery program or set a later date for that discussion. The order states that no discovery will occur before the claim-construction order.
Disposition
Judge Alvin K. Hellerstein entered this case-management order and set the listed deadlines and hearing. The order does not decide the meaning of any patent phrase or resolve the underlying patent dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.