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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
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`Oxygenator Water Technologies, Inc.,
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`v.
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`Tennant Company,
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`File No. 20-cv-358 (ECT/HB)
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`BRIEFING ORDER
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`Plaintiff,
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`Defendant.
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`The Court will hold a hearing on claim construction on August 5, 2021, at 9:00
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`a.m. in Courtroom 3B, 316 N. Robert Street, St. Paul, MN, before Judge Eric C. Tostrud.
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`At that hearing, the Parties may present extrinsic evidence in the form of dictionary
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`definitions, treatises, and background and expert testimony by means of affidavit. Such
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`extrinsic evidence may not be presented as live testimony. In connection with the hearing
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`on claim construction, the Court orders the following briefing schedule:
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`1.
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`Opening Memoranda. On or before June 10, 2021, the Parties must file
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`their opening claim construction memoranda and any supporting expert
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`declarations.
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`2.
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`Responsive Expert Declarations. On or before June 17, 2021, the Parties
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`must file and serve any expert declarations responding to the other Party’s
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`opening claim construction memorandum.
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`3.
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`Expert Depositions. Each Party must make its expert available for
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`deposition between June 18, 2021 and July 8, 2021.
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`CASE 0:20-cv-00358-ECT-HB Doc. 68 Filed 04/26/21 Page 2 of 2
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`4.
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`Reply Memoranda. On or before July 22, 2021, the Parties must file their
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`responsive claim construction memoranda.
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`5.
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`Technology Tutorial. The Court will decide whether to hold a pre-claim
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`construction conference—including a technology tutorial—after receipt of
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`the Parties’ opening memoranda. If such a hearing is to occur, it will be
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`scheduled in consultation with the Parties.
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`SO ORDERED.
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`Dated: April 26, 2021
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`s/ Eric C. Tostrud
`Eric C. Tostrud
`United States District Court
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`2
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