Fujitsu Limited v. Belkin International, Inc. et al

Filing 465

ORDER Re: Disputed Evidentiary Issues for December 3, 2012 Witnesses. Signed by Judge Lucy H. Koh on 12/2/2012. (lhklc3, COURT STAFF) (Filed on 12/2/2012)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 FUJITSU LIMITED, ) ) Plaintiff, ) ) v. ) BELKIN INTERNATIONAL, INC.; BELKIN, ) INC.; D-LINK CORPORATION; D-LINK ) SYSTEMS, INC.; NETGEAR, INC.; ZYXEL ) COMMUNICATIONS CORPORATION; and ) ZYXEL COMMUNICATIONS, INC., ) ) Defendants. ) Case No.: 10-CV-03972-LHK ORDER RE: DISPUTED EVIDENTIARY ISSUES FOR DECEMBER 3, 2012 WITNESSES After reviewing the parties’ briefing, considering the record in the case, and balancing the considerations set forth in Federal Rule of Evidence (“FRE”) 403, the Court rules on the parties’ objections as follows: 15 16 17 EXHIBITS PTX 128, PTX 302, and DTX 833 18 19 DTX 115 20 21 Court’s Ruling on Objections Overruled. The parties have stipulated to the admissibility of PTX128 and DTX 833. In addition, PTX302a is based entirely on exhibits to which the parties have stipulated as admissible. Therefore, D-Link Corp.’s objection goes to weight not admissibility, and is more properly the subject of cross examination. Overruled. Assuming that Defendants are able to lay a proper foundation, the Court finds this evidence to be relevant to whether a slot on a motherboard is a “slot.” Further, pursuant to FRE 403, the Court finds that this evidence is more probative than prejudicial, and unlikely to mislead the jury or confuse the issues. 22 23 24 25 IT IS SO ORDERED. Dated: December 2, 2012 _________________________________ LUCY H. KOH United States District Judge 26 27 28 Case No: 10-CV-03972-LHK ORDER RE: DISPUTED EVIDENTIARY ISSUES FOR DECEMBER 3, 2012 WITNESSES

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