Personalized User Model LLP v. Google Inc.

Filing 555

MOTION TO EXCLUDE PORTIONS OF DR. EDWARD FOX'S NON-INFRINGEMENT REPORT FOR FAILURE TO APPLY THE COURT'S CLAIM CONSTRUCTION - filed by Personalized User Model LLP. (Attachments: # 1 7.1.1, # 2 Text of Proposed Order)(Tigan, Jeremy)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONALIZED USER MODEL, L.L.P.,

)
)
Plaintiff,
)
v.
)
)
GOOGLE, INC.,
)
)
Defendant.
)
______________________________________ )
GOOGLE, INC.,
)
)
Counterclaimant,
)
)
v.
)
)
PERSONALIZED USER MODEL, L.L.P.
)
and YOCHAI KONIG,
)
)
Counterclaim-Defendants.
)

C.A. No. 09-525 (LPS)

ORDER
Having considered Plaintiff Personalized User Model, L.L.P.’s Daubert Motion to
Exclude Portions of Dr. Edward Fox’s Non-Infringement Report For Failure to Apply The
Court’s Claim Construction, it is HEREBY ORDERED THAT:
(1)

The Motion is GRANTED; and

(2)

The following opinions of Dr. Fox are excluded:


“User Model specific to the user” and “user-specific learning machine”
(including at least Dr. Fox's opinions and arguments each user have
his/her own user model/learning machine exclusive to the user).



“estimating” (including at least Dr. Fox's opinions and arguments that
estimating cannot include a calculation or computation).



“probability” (including at least Dr. Fox's opinions that a “probability”
must be between 0 and 1 or an equivalent number such as a percent
between 0% and 100%).

SO ORDERED this ___ day of _________, 2014.

UNITED STATES DISTRICT JUDGE

-2-