Realtek Semiconductor Corporation v. LSI Corporation et al

Filing 301

ORDER admitting Trial Exhibits 32, 68, 75, 194, 195 Mitsumi royalty reports. Signed by Judge Ronald M. Whyte on 2/23/14. (rmwlc1, COURT STAFF) (Filed on 2/23/2014)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

SAN JOSE DIVISION
11
12

REALTEK SEMICONDUCTOR,
CORPORATION,

13

Case No. C-12-3451-RMW

Plaintiff,

14

v.

15

ORDER ADMITTING TRIAL
EXHIBITS 32, 68, 75, 194, 195 –
MITSUMI ROYALTY REPORTS

LSI CORPORATION AND AGERE
SYSTEMS LLC,

16
17

Defendants.

18
19
20

Trial exhibits 32, 68, 75, 194, and 195 are ADMITTED. The parties stipulated that otherwise

21

unobjectionable documents are admissible without a witness needing to lay a foundation, so long as

22

the witness references the exhibit or a demonstrative references the exhibit (with the witness

23

discussing the exhibit in the course of discussing the demonstrative). The disputed exhibits are all

24

royalty statements from Mitsumi showing the amount of royalties due under the Mitsumi license

25

agreement. In his testimony, Dr. Leonard used a demonstrative showing the total amount of

26

royalties paid by Mitsumi under the Mitsumi license agreement, and he states in his testimony that

27

he referred to “the [royalty] data that [he] saw that was produced, I believe by LSI as part of the

28

case.” Dr. Leonard then mentions the total amount of royalties paid by Mitsumi under the Mitsumi
ORDER RE REBUTTAL TOPICS
Case No. C-12-3451-RMW
RDS

-1-

1

license agreement, as shown on the demonstrative. Dr. Leonard thus presented a demonstrative with

2

the total amount of royalties, referred to the disputed exhibits as the basis for his calculation, and

3

discussed the total amount of royalties paid by Mitsumi under the Mitsumi license agreement. The

4

disputed exhibits that provided the underlying basis for Dr. Leonard’s calculation and therefore

5

admissible, and are hereby ADMITTED.

6
7
8

Dated: February 23, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER RE REBUTTAL TOPICS
Case No. C-12-3451-RMW
RDS

-2-