Adobe Systems Incorporated v. Kornrumpf

Filing 218

ORDER by Judge Claudia Wilken ON 181 , 188 MOTIONS IN LIMINE AND 180 MOTION TO QUASH. (ndr, COURT STAFF) (Filed on 6/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED,

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Plaintiff,

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v.
HOOPS ENTERPRISE LLC; and ANTHONY
KORNRUMPF,

United States District Court
For the Northern District of California

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ORDER ON MOTIONS
IN LIMINE AND
MOTION TO QUASH
(Docket Nos. 180,
181 and 188)

Defendants.

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No. C 10-2769 CW

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AND ALL RELATED CLAIMS
________________________________/

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The Court GRANTS IN PART Plaintiff’s motion to quash and

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QUASHES Defendants’ trial subpoenas issued to Hewlett-Packard Co.,

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Dell, Inc. and Fujitsu Computer Products of America.

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TAKES UNDER SUBMISSION Plaintiff’s request for an award of

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attorneys’ fees it incurred in connection with filing the motion

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to quash and the motion in limine related to the first sale

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defense.

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The Court

The Court issues the following rulings on the parties’
motions in limine:

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PLAINTIFF’S MOTIONS IN LIMINE

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2.

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and Defendants’ dismissed counterclaims based on the defense.

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Motion to exclude all references to the first sale defense

GRANTED IN PART, DENIED IN PART.

Reference to the first sale

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defense will be allowed for the limited purpose of establishing

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the willfulness or innocence of Defendants’ infringement, and will

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be limited to what Defendants knew at the time of their

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infringement.

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3.

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disclosed.

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Motion to exclude all evidence and witnesses not previously

GRANTED IN PART, DENIED IN PART.

Defendants may not call as

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witnesses Annie Wang, Michael Miretsky and Kerry Thompson.

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portions of the settlement agreement reached by the parties to

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resolve prior litigation that are relevant to establishing the

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willfulness or innocence of Defendants’ infringement will be

The

United States District Court
For the Northern District of California

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admitted.

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appropriate redactions to the settlement agreement, and, if they

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are unable to do so, shall file their separate proposed

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redactions.

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4.

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Software and Information Industry Association unrelated to Adobe

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products.

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Motion to exclude all evidence of enforcement efforts of the

GRANTED.
5.

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The parties shall attempt to reach an agreement on

Motion to exclude all references to acts by third parties.
GRANTED.

6.

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Motion to exclude party attorneys as witnesses.
GRANTED.

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DEFENDANTS’ MOTIONS IN LIMINE

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1.

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Defendants’ sales prior to June 19, 2009.

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GRANTED IN PART, DENIED IN PART.

Motion to preclude the introduction of evidence of

Evidence of Defendants’

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sales prior to June 19, 2009 will be allowed for the limited

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purpose of establishing the willfulness or innocence of

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Defendants’ infringement.
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2.

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Defendants’ profits derived from the sale of Plaintiffs’ software

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products prior to June 19, 2009.

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Motion to preclude the introduction of evidence of

GRANTED IN PART, DENIED IN PART.

Evidence of Defendants’

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sales prior to June 19, 2009 will be allowed for the limited

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purpose of establishing the willfulness or innocence of

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Defendants’ infringement.

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3.

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corporate veil of Hoops Enterprise, LLC.

Motion to preclude Plaintiff from attempting to pierce the

United States District Court
For the Northern District of California

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DENIED.

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IT IS SO ORDERED.

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Dated: 6/7/2012

CLAUDIA WILKEN
United States District Judge

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