`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CIVIL ACTION NO. 2:19-CV-00326-JRG
`
`§§§§§§§§§§§§
`
`CLEAR IMAGING RESEARCH, LLC,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`Defendants.
`
`ORDER
`Before the Court is the Joint Motion for Order Focusing Patent Claims and Prior Art (the
`
`“Motion”). (Dkt. No. 79.) Having considered the Motion, the Court is of the opinion that it should
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`be GRANTED-IN-PART. As such, it is therefore ORDERED that:
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`No later than twenty-eight (28) days before the service of expert reports by the party with
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`the burden of proof on an issue, Plaintiff shall serve an Election of Asserted Claims, which shall
`
`identify no more than five (5) asserted claims per patent and no more than a total of sixteen (16)
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`claims. By the date set for the service of expert reports by the party with the burden of proof on an
`
`issue, Defendants shall serve an Election of Asserted Prior Art, which shall identify no more than
`
`six (6) asserted prior art references per patent and no more than a total of twenty (20) references.
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`For clarity, just as Plaintiff must narrow its asserted claims, Defendants must narrow their
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`asserted prior art challenges, and each anticipation challenge and each obviousness combination
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`or assertion shall count as a separate prior art reference for purposes of each election. Once an
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`obviousness combination is elected, it cannot later be modified. For example, if A + B + C is
`
`elected, that combination cannot later be modified to be A + B, which would be a different
`
`
`
`Case 2:19-cv-00326-JRG Document 98 Filed 09/29/20 Page 2 of 2 PageID #: 5033
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`combination. Further, a prior art instrumentality (such as a device or process) and its associated
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`references that describe that instrumentality shall count as one reference, as shall the closely related
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`work of a single prior artist.
`
`2
`
`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 28th day of September, 2020.
`
`
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