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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 SAN JOSE DIVISION 11 12 GPNE CORP., Plaintiff, 13 14 v. APPLE, INC., 15 Defendant. 16 17 I. ) ) ) ) ) ) ) ) ) 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 18 response. ECF No. 398. After reviewing the parties’ briefing, considering the record in the case, 19 and balancing the considerations set forth in Federal Rule of Evidence 403, the Court rules on 20 GPNE’s objections as follows: 21 22 23 24 25 26 27 28 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. 1 Case No.: 12-CV-02885-LHK ORDER RE: HIGH-PRIORITY OBJECTIONS ON OPENING SLIDES 1 2 3 4 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 5 filed a response. ECF No. 397. After reviewing the parties’ briefing, considering the record in the 6 case, and balancing the considerations set forth in Federal Rule of Evidence 403, the Court rules on 7 Apple’s objections as follows: 8 9 United States District Court For the Northern District of California 10 11 12 APPLE OBJECTION Slides 10, 17 Slides 31, 32 Slide 13 Slide 29 Slides 35, 41 Slide 37 Slide 44 13 14 15 16 17 18 19 20 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 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-02885-LHK ORDER RE: HIGH-PRIORITY OBJECTIONS ON OPENING SLIDES

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