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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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FUJITSU LIMITED,

)
)
Plaintiff,
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v.
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BELKIN INTERNATIONAL, INC.; BELKIN, )
INC.; D-LINK CORPORATION; D-LINK
)
SYSTEMS, INC.; NETGEAR, INC.; ZYXEL )
COMMUNICATIONS CORPORATION; and )
ZYXEL COMMUNICATIONS, INC.,
)
)
Defendants.
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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:

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EXHIBITS
PTX 128, PTX 302,
and DTX 833

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DTX 115

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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.

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IT IS SO ORDERED.
Dated: December 2, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No: 10-CV-03972-LHK
ORDER RE: DISPUTED EVIDENTIARY ISSUES FOR DECEMBER 3, 2012 WITNESSES