Mirror Worlds, LLC v. Apple, Inc.

Filing 392

NOTICE by Apple, Inc. of Withdrawal of Opposed Motions in Limine Nos. 10, 11, 13 and 17 (Randall, Jeffrey)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 392 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC, Plaintiff, v. APPLE INC., Defendant. APPLE INC., Counterclaim Plaintiff, v. MIRROR WORLDS, LLC, MIRROR WORLDS TECHNOLOGIES, INC., Counterclaim Defendants. JURY TRIAL DEMANDED Civil Action No. 6:08-cv-88 LED APPLE INC'S NOTICE OF WITHDRAWAL OF OPPOSED MOTIONS IN LIMINE NOS. 10, 11, 13, 17 (DOC. NO. 323) In order to reduce the number of issues before the Court, Apple Inc. ("Apple") hereby notifies the Court of its withdrawal of the following opposed Motions in Limine: No. 10: Hearsay Evidence With No Applicable Exception; No. 11: Current Economic Status Or Profitability Of Apple Or Relative Financial Strength (e.g., "David And Goliath"); No. 13: New Theories Of Liability, New Claims for Damages, And Factual Contentions Never Disclosed During Discovery; and No. 17: Mirror Worlds' Expert Testimony That Is Contrary To The Court's Markman Order, Including Dr. Levy's Use Of His Own Construction Of "Timestamp To Identify" And "Stream." Dockets.Justia.com (Doc. No. 323.) Apple notified counsel for Mirror Worlds, LLC and Mirror Worlds Technologies, Inc. of its intent to withdraw these Motions in Limine on September 25, 2010. Although Apple no longer requests an in limine order on these topics, Apple respectfully reserves its right to raise objections during trial. Dated: September 26, 2010 Respectfully submitted, /s/ Jeffrey G. Randall Jeffrey G. Randall Lead Attorney PAUL, HASTINGS, JANOFSKY, AND WALKER LLP 1117 S. California Avenue Palo Alto, California 94304-1106 Telephone: (650) 320-1850 Facsimile: (650) 320-1950 jeffrandall@paulhastings.com Allan M. Soobert PAUL, HASTINGS, JANOFSKY, AND WALKER LLP 875 15th Street, N.W. Washington, DC 20005 Telephone: (202) 551-1822 Facsimile: (202) 551-0222 allansoobert@paulhastings.com S. Christian Platt PAUL, HASTINGS, JANOFSKY, AND WALKER LLP 4747 Executive Dr., 12th Floor San Diego, CA 92121 Telephone: (858) 458-3034 Facsimile: (858) 458-3005 christianplatt@paulhastings.com -2- Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: (903) 757-8449 Facsimile: (903) 758-7397 ema@emafirm.com COUNSEL FOR APPLE INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was filed electronically in compliance with Local Rule CV-5 on this 26th day of September, 2010. As of this date, all counsel of record have consented to electronic service and are being served with a copy of this document through the Court's CM/ECF system under Local Rule CV-5(a)(3)(A). /s/ Jeffrey G. Randall Jeffrey G. Randall -3-