GPNE Corp. v. Apple Inc.
Filing
423
ORDER RE: HIGH-PRIORITY OBJECTIONS ON OPENING SLIDES. Signed by Judge Lucy Koh on 10/5/14. (lhklc5S, COURT STAFF) (Filed on 10/5/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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SAN JOSE DIVISION
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GPNE CORP.,
Plaintiff,
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v.
APPLE, INC.,
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Defendant.
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I.
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Case No.: 12-CV-02885-LHK
ORDER RE: HIGH-PRIORITY
OBJECTIONS ON OPENING SLIDES
GPNE’S OBJECTIONS TO APPLE’S OPENING SLIDES
GPNE has filed objections to Apple’s Opening Slides. ECF No. 397. Apple has filed a
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response. ECF No. 398. After reviewing the parties’ briefing, considering the record in the case,
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and balancing the considerations set forth in Federal Rule of Evidence 403, the Court rules on
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GPNE’s objections as follows:
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GPNE OBJECTION
Slide 107
Slide 157
Slide 158
DTX 189
DTX 383
DTX 384
Slides 150-51
DTX 55
Slide 111
Slide 145
Slide 152
Slide 105
COURT’S RULING ON OBJECTION
Overruled.
Overruled.
Overruled.
Overruled.
Overruled.
Overruled.
Overruled.
Overruled.
Overruled.
Overruled.
Sustained.
Sustained.
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Case No.: 12-CV-02885-LHK
ORDER RE: HIGH-PRIORITY OBJECTIONS ON OPENING SLIDES
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DTX 314 p.1
DTX 360
DTX 361
DTX 404
II.
Overruled.
Overruled.
Overruled.
Sustained.
APPLE’S OBJECTIONS TO GPNE’S OPENING SLIDES
Apple has filed objections to GPNE’s Opening Slides. ECF Nos. 398, 402. GPNE has
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filed a response. ECF No. 397. After reviewing the parties’ briefing, considering the record in the
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case, and balancing the considerations set forth in Federal Rule of Evidence 403, the Court rules on
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Apple’s objections as follows:
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United States District Court
For the Northern District of California
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APPLE OBJECTION
Slides 10, 17
Slides 31, 32
Slide 13
Slide 29
Slides 35, 41
Slide 37
Slide 44
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Slide 48
Slide 57
COURT’S RULING ON OBJECTION
Sustained.
Sustained.
Sustained as to “9.99” and otherwise overruled.
Overruled.
Overruled.
Overruled.
Sustained as to “prototype built.” Sustained as to “Dr. Tan Report.”
GPNE shall substitute “Dr. Tan Report” with “Dr. Tan’s or UCI’s
relationship with GPNE.”
Overruled.
Overruled.
GPNE acknowledges that it served its opening slides out of order. GPNE’s opening slides
are also not numbered. This made ruling on the objections to GPNE’s slides more difficult. The
Court requests that GPNE serve future demonstratives in order with page numbers.
IT IS SO ORDERED.
Dated: October 5, 2014
_________________________________
LUCY H. KOH
United States District Judge
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Case No.: 12-CV-02885-LHK
ORDER RE: HIGH-PRIORITY OBJECTIONS ON OPENING SLIDES
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