Plantronics, Inc. v. ALIPH, INC. et al

Filing 321

CORRECTION OF DOCKET (NOTICE CONCERNING JANUARY 9 ORAL ARGUMENT REGARDING MOTION IN LIMINE REGARDING DR. LEONARD) re 320 Order,. Signed by Judge Alsup on January 7, 2014. (whalc1, COURT STAFF) (Filed on 1/9/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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PLANTRONICS, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,

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v.

NOTICE CONCERNING JANUARY 9
ORAL ARGUMENT REGARDING
MOTION IN LIMINE
REGARDING DR. LEONARD

ALIPH, INC., et al,

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Defendants.
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No. C 09-01714 WHA

On December 9, plaintiff moved to exclude portions of and testimony from Dr. Leonard

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regarding the Freebit license and Freebit technology. The Court is tentatively of the view that

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Dr. Leonard should not be able to opine at trial regarding whether the Freebit technology is a

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substantial non-infringing alternative, but at most, should be permitted to assume that it is a

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substantial non-infringing alternative. In which case, defendants must have different proof for

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whether the Freebit technology is a substantial non-infringing alternative. At the January 9

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hearing, defendants’ counsel should please be prepared to demonstrate or address whether there

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is such proof.

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IT IS SO ORDERED.

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Dated: January 7, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE