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PRIMA TEK II v. VAN HOEKELEN GREENHOUSES

United States District Court, S.D. Illinois


November 2, 2005.

PRIMA TEK II, L.L.C., Plaintiff,
v.
VAN HOEKELEN GREENHOUSES, INC., and VAN HOEKELEN C. GREENHOUSES, INC., Defendants.

The opinion of the court was delivered by: WILLIAM STIEHL, Senior District Judge

ORDER

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 complete.

  IT IS SO ORDERED.

20051102

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