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Entered | Case | Description |
|---|---|---|
| 11/05/21 | ORDER. The parties' [46] Joint Motion to Continue Live Demonstration, Joint Report and Argument on the Motion to Dismiss is GRANTED. On 10/8/2021, this Court ordered the parties to meet and confer and file a report on several issues, including whether a live demonstration of the VECTOR, COZMO, and EMO robots for the Court would be feasible, and, if so, whether such demonstration would be appropriate for the Court to consider as part of an analysis of substantial similarity. See ECF No. 39. Following the parties' joint status report indicating that "[a] live demonstration of the VECTOR, COZMO, and EMO robots for the Court is feasible, and the parties believe that such demonstration would be appropriate for the Court to consider as part of an analysis of substantial similarity," ECF No. 40 para 2, this Court scheduled a live demonstration for 11/10/2021 and set forth its expectations with respect to the live demonstration of the EMO, Vector, and/or COZMO robots. Following a status report by Plaintiff on 10/26/2021, see ECF No. 44, this Court further ordered the parties to file a joint status report if the parties wish to propose limited changes to specific items of the Court's order setting the live demonstration. On 11/4/2021, the parties filed their [46] Joint Motion to Continue Live Demonstration, Joint Report and Argument on the Motion to Dismiss. In this Motion, Plaintiff indicated that it had obtained a "second EMO robot" because the prior EMO robot in its possession was not fully functional. See ECF No. 46 para 1. Further, in this Motion, Defendant indicated the robot in its possession is a prototype and that "[d]espite diligent efforts, Defendant has not been able to update the software to allow the prototype robot to provide the demonstration requested by the Court. Defendant is trying to obtain a new-in-the-box EMO robot which should have the fully updated software, but with shipping delays and component shortages, it does not have a timeframe on when such new device will be available in the United States. Consequently, as a backup plan, Defendant has just obtained a secondhand EMO robot, and will be working to evaluate if it can accept the latest software update, and is fully functional demonstrate the functions of interest to the Court (and that it has not been modified in any way that makes it materially different from a new-in-the-box EMO robot)." Id. para 2. In their Motion, the parties "continue to maintain that a demonstration would be instructive for the Court, and agree no prejudice will be sustained by postponing the demonstration." Id. para. 4. As such, the parties' [46] Joint Motion to Continue Live Demonstration, Joint Report and Argument on the Motion to Dismiss is GRANTED, and the live demonstration scheduled for 11/10/2021 at 2:00 PM is HEREBY CANCELLED. IT IS FURTHER ORDERED that the parties shall meet and confer and file a status report on or before 12/6/2021 as to feasibility of live demonstration. It is FURTHER ORDERED that this case is ADMINISTRATIVELY CLOSED until further order of the Court. Signed by Judge Christy Criswell Wiegand on 11/5/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) (Entered: 11/05/2021) | |
| 03/08/21 | Final Civil Docket 11-05-2021 |