TransPerfect Global, Inc. et al v. MotionPoint Corporation

Filing 242

ORDER re 235 Letter Brief filed by TransPerfect Global, Inc., TransPerfect Translations International, Inc.,, Inc., MotionPoint Corporation Signed by Judge Joseph C. Spero on December 12, 2012. (jcslc3, COURT STAFF) (Filed on 12/12/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 TRANSPERFECT GLOBAL, INC., et al., 8 9 Plaintiffs, v. 10 Northern District of California United States District Court 11 MOTIONPOINT CORP., 12 Case No.: C-10-02590 CW (JCS) ORDER GRANTING IN PART AND DENYING IN PART MOTIONPOINT’S MOTION TO STRIKE; DENYING TRANSPERFECT’S MOTION TO STRIKE [DOCKET NO. 235] Defendant. 13 14 15 Defendant MotionPoint Corporation (“MotionPoint”) moved to strike portions of Dr. Paul Clark‟s expert report on the purported invalidity of the asserted patents. Plaintiffs TransPerfect 16 Global, Inc., TransPerfect Translations, International, Inc., and, Inc., 17 (“TransPerfect”) moved to strike MotionPoint‟s addition of three witnesses to its Initial Disclosures. 18 The parties appeared and argued their motions at a hearing held on December 7, 2012 at 9:30 am. 19 Good cause appearing and for the reasons stated on the record at the hearing, it is hereby Ordered as 20 follows: 21 22 23 24 MotionPoint‟s motion to strike Dr. Clark‟s references to (1) “WizTom Software build 3.20.1246 („WizTom Software‟),” (2) “WizArt WizTom 3.0 Documentation („WizTom User Guide‟),” (3) “WizTom Internet Archive documentation („WizTom IA‟),” (4) “WizTom for the Web Version 3 Installation Guide („WizTom Install‟),” and (5) “WizTom Power Builder” is DENIED. 25 TransPerfect adequately disclosed the WizTom system in their Invalidaty Contentions. These 26 particular supporting documents were only discovered, and the WizTom Software operated 27 successfully, by TransPerfect shortly before they disclosed them in their June 11, 2012 expert report 28 on invalidity. TransPerfect was diligent in locating these documents and promptly provided all of the 1 documents to MotionPoint. Given the extensive disclosure of the WizTom System, MotionPoint will 2 not be prejudiced by the use of these supporting documents. 3 MotionPoint‟s motion to strike Dr. Clark‟s references to “WebBudget Demonstration 4 Software: WebBudget 3 ( („WB Demo‟)” is DENIED. TransPerfect discovered and operated 5 the WB Demo shortly before they disclosed it in their June 11, 2012 expert report on invalidity. 6 TransPerfect was diligent and there is good cause to allow them to use the cited document. 7 MotionPoint has not shown prejudice from this additional reference. 8 9 MotionPoint‟s motion to strike Dr. Clark‟s references to “Idiom WorldServer in 20 Questions” “(„20 Questions‟)” is GRANTED. The document was not adequately disclosed in TransPerfect‟s Northern District of California invalidity contentions and TransPerfect was not diligent in their discovery and addition of this 11 United States District Court 10 reference. 12 MotionPoint stipulated at the hearing that it is withdrawing its motion to strike Dr. Clark‟s 13 references to “TheOne Frequently Asked Questions” and “Live from Japan – an e-commerce site gets 14 a make-over from Asia.” 15 TransPerfect stipulated at the hearing that is was withdrawing its references to (1) “U.S. Patent 16 No. 6,122,666 („Beurket‟),” (2) “PCT Publ. No. WO 00/05660 („Pringle‟),” and (3) “U.S. Patent No. 17 6,662,233 („Skarpness‟).” Accordingly, these three references are stricken from Dr. Clark‟s report 18 TransPerfect‟s motion to strike MotionPoint‟s addition of Jacob B. Morris, Matthew J. 19 Kimball, and Jeffrey D. Weness to its Initial Disclosures is DENIED. TransPerfect may depose these 20 witnesses and subpoena documents from the witnesses and from their previous employers. Those 21 subpoenas shall issue and the depositions shall occur forthwith. 22 IT IS SO ORDERED. 23 24 Dated: December 12, 2012 25 26 27 ______________________________ JOSEPH C. SPERO United States Magistrate Judge 28 2

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