HSM Portfolio LLC et al v. Fujitsu Limited et al

Filing 1237

MEMORANDUM ORDER resolving issues that have arisen on the eve of trial (see Memorandum Order for further details). Signed by Judge Richard G. Andrews on 2/19/2016. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

HSM PORTFOLIO LLC and TECHNOLOGY
PROPERTIES LIMITED LLC,
Plaintiffs;
Civil Action No. 11-770-RGA

V.

ELPIDA MEMORY INC., et al.,
Defendants.

MEMORANDUM ORDER

The Court now resolves certain issues that have arisen on the eve of trial. At the pretrial
·conference, Defendant objected to Plaintiffs seeking to introduce certain newspaper excerpts at
trial. (D.I. 1228 at 94-99). At the Court's request, Plaintiffs have filed the newspaper articles,
and both parties have filed letter briefs addressing whether the articles are admissible over a
hearsay objection. (D.I. 1227, 1231, 1235, 1236).
Plaintiffs note there are two categories of newspaper articles: "Articles Regarding
Thunderbird's Test Results" and "Articles Noting the Death of Al Vinal." (D.I. 1236 at p. 1).
The articles are offered for their truth. That is, they are offered to show that the statements of the
out-of-court declarant, the reporter, are true. They are therefore hearsay. Fed. R. Evid. 801(c).
All of the newspaper articles are over twenty years old, however, and thus qualify as ancient
documents under Fed. R. Evid. 803(16). The statements within the articles potentially constitute
an additional layer of hearsay. Fed. R. Evid. 805. These statements are addressed separately.
For one article, entitled "Thunderbird Touts High Speed Chip; Some Smell Edsel,"
Plaintiffs assert that it is offered "to show that the Thunderbird announcement generated a public

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reaction, and that the readion included industry skepticism regarding the effectiveness of
Thunderbird's inventions." (D.I. 1236 at p. 2; see also D.I. 1231, Exs. 1, la). The statements are
not offered to prove whether the chips were successful or effective, but rather to show reactions
within the industry. Since the statements contained within the article are not offered for the truth
of the matter asserted, they are not hearsay. See Fed. R. Evid. 801(c)(2). This article is therefore
admissible over a hearsay objection.
The other articles in the "Articles Regarding Thunderbird's Test Results" category
include no statements from the industry. They contain only statements from Al Vinal and others
at Thunderbird about what Thunderbird hoped to accomplish with its technology. These articles
are not relevant to any issue in this case. They are therefore excluded.
Plaintiffs contend that the "Articles Noting the Death of Al Vinal" "show that the public
took note of Al Vinal's passing and his legacy as an inventor." (D.I. 1236 at p. 1). Whether the
public took note of Al Vinal's passing is not a material issue at dispute in this case. These
articles are therefore excluded as irrelevant.
It is SO ORDERED.

Entered this

Ji day of February, 2016.

~~,~

United States DiS: ct Judge

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