Realtek Semiconductor Corporation v. LSI Corporation et al

Filing 261

ORDER Re Pretrial Evidentiary Objections. See 233 , 244 . Signed by Judge Ronald M. Whyte on 2/7/14. (rmwlc1, COURT STAFF) (Filed on 2/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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REALTEK SEMICONDUCTOR,
CORPORATION,

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Case No. C-12-3451-RMW

Plaintiff,

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v.

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ORDER RE PRETRIAL
EVIDENTIARY OBJECTIONS

LSI CORPORATION AND AGERE
SYSTEMS LLC,

[Re: Dkt. Nos. 233, 244]
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Defendants.

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1. LSI’s objection to Realtek’s billing invoices as subject to a motion in limine, belated

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production, and hearsay. Dkt. No. 233 at 15.

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OVERRULED. The court has previously ruled on the objection to the billing records as not

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having been produced timely. Specifically, the court denied LSI’s motion to exclude the

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billing records based upon Realtek’s late production. However, to alleviate any prejudice to

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LSI by the late production, the court allowed LSI leave to offer an expert to testify on the

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reasonableness of Realtek’s damages. As for the hearsay objection, the court notes that

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Realtek may satisfy its prima facie obligation to establish damages by offering authenticated

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billing records to show the amount it paid its lawyers for defense of the ITC investigation.
ORDER RE PRETRIAL OBJECTIONS
Case No. C-12-3451-RMW
RDS

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See Jackson v. Yarbray, 179 Cal. App. 4th 75, 95-96 (2009). They would not be hearsay for

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that purpose because they are not being offered for the truth of the matter asserted (i.e., that

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Realtek’s ITC attorneys worked the hours shown and spent time on the items described).

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Should LSI raise a mitigation defense that, as one example, certain billed items were not

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necessary, any Realtek rebuttal witness would be required to establish the predicate elements

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of the business records hearsay exception or some other exception to the hearsay rule in

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order to present the billing records as evidence of the reasonableness of the fees.

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2. Realtek’s objection to certain licensing agreements between LSI and third parties and

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between Realtek and third parties as irrelevant and prejudicial. Dkt. No. 233 at 15-16.

United States District Court
For the Northern District of California

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OVERRULED.
3. Deposition Designations Group One (Abhi Talwalkar). Dkt. No. 244-1 at 1-2.
SUSTAINED.
4. Deposition Designations Group Two (Abhi Talwalkar). Dkt. No. 244-1 at 3-4.
OVERRULED.
5. Deposition Designations Group Three (Abhi Talwalkar). Dkt. No. 244-1 at 5-6.
SUSTAINED.
6. Deposition Designations Group Four (Ryan Phillips). Dkt. No. 244-1 at 7.
OVERRULED.

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Dated: February 7, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

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ORDER RE PRETRIAL OBJECTIONS
Case No. C-12-3451-RMW
RDS

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