United States District Court, S.D. Illinois
November 2, 2005.
PRIMA TEK II, L.L.C., Plaintiff,
VAN HOEKELEN GREENHOUSES, INC., and VAN HOEKELEN C. GREENHOUSES, INC., Defendants.
The opinion of the court was delivered by: WILLIAM STIEHL, Senior District Judge
Before the Court is Plaintiff's Proposed Claim Construction
Statement, which the Court construes as a motion to interpret
patent claim, to which the defendants have filed a response.
According to defendants' response, there are no claim terms
that are in dispute.*fn1 Therefore, at this time the Court
finds that a hearing pursuant to Markman v. Westview
Instruments, Inc., 517 U.S. 370 (1996), is unnecessary. The
Court GRANTS plaintiff's motion to interpret patent claim (Doc.
42) and adopts plaintiff's Proposed Statement as set forth in
plaintiff's motion at pp. 6-13. The Court, however, reserves the
right to revisit the issue of claim construction should
defendants seek leave to amend their response after discovery is
IT IS SO ORDERED.
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