Auburn University v. International Business Machines, Corp.

Filing 395

ORDER denying as moot 355 Daubert Motion to Strike Certain Opinions of David G. Borden. Signed by Honorable Judge Mark E. Fuller on 3/29/2013. (wcl, )

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
AUBURN UNIVERSITY,
Plaintiff,
v.
INTERNATIONAL BUSINESS
MACHINES, CORP.,
Defendant.

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CASE NO. 3:09-cv-694-MEF
(WO – Do Not Publish)

ORDER
This cause is before the Court on Defendant International Business Machines,
Corporation’s (“IBM”) Daubert Motion to Strike Certain Opinions of David G. Borden.
(Doc. #355.) IBM’s Motion challenges the valuation methods used by Plaintiff Auburn
University’s (“Auburn”) expert witness to support his calculation of the amount of money
damages at issue in this case. However, in its Order and Memorandum Opinion of August
2, 2012 (Doc. #381), the Court dismissed Auburn’s remaining claims for money damages
(Auburn’s patent infringement claims). Accordingly, it is hereby ORDERED that IBM’s
Daubert Motion to Strike Certain Opinions of David G. Borden (Doc. #355) is DENIED as
MOOT.
DONE this the 29th day of March, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE