Personalized User Model LLP v. Google Inc.

Filing 625

ORDER regarding PUM's motion in limine on ownership issues. Signed by Judge Leonard P. Stark on 3/5/14. (ntl)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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Plaintiff,
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v.
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GOOGLE, INC.,
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Defendant.
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GOOGLE, INC.,
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Counterclaimant,
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v.
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PERSONALIZED USER MODEL, L.L.P.
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and YOCHAI KONIG,
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Counterclaim-Defendants. ()

PERSONALIZED USER MODEL, L.L.P.,

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PUM'S [PROPOS)gij)ORDERREGARDING
PUM'S MOTION IN LIM/NE ON OWNERSHIP ISSUES

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The Court having considered PUM's motion in limine No. 1 concerning trial on

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

ownership issues (D.I. 588, Ex. 12), and in furtherance to the Court's February 27, 2014 Order
ruling on the motions in limine (D.I. 606), IT IS HEREBY ORDERED THAT:
1)

Google shall not present evidence or argument to the jury that Google is a

rightful owner of the patents-in-suit or will become an owner of the patents-in-suit should the

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jury find that Dr. Konig breached his employment agreement by failing to assign the invention to
SRI;
2)

Google shall not present evidence or argument to the jury that PUM will

or may lose ownership of the patents-in-suit;

3)

Notwithstanding the foregoing, Google is not precluded from posing

questions or arguing on cross examination of the inventors that PUM had an incentive to change
position as to the conception date of the invention because of an alleged concern that Google
might attempt to assert co-ownership rights in the patents; and
4)

Nothing in this Order shall preclude either party from relying on the

SRI/Google Purchase Agreement for any relevant purpose, including but not limited to Google
rebutting evidence or argument by PUM that Google does not have standing to assert a breach of
contract claim against Konig, but Google shall not argue that it actually holds rights in the
patents or will obtain any rights as a consequence of its breach of contract claim.

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SO ORDERED this __)

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day of March 2014.
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UNITED STATES DISTRICT JUDGE

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