CANVS Corporation v. Nivisys, LLC

Filing 66

ORDER granting in part and denying in part 62 Defendant Nivisys, LLC's ("Nivisys") Motion to Exclude Testimony. The Motion is GRANTED to the extent only counsel for the Parties shall explain the technology at issue at the non-ad versarial technology tutorial conference. The remainder of the Motion, seeking exclusion of any undisclosed witnesses, is DENIED as Moot, as Plaintiff Canvs Corporation does not plan to call any witnesses other than those already disclosed. Signed by Judge Sheri Polster Chappell on 9/16/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CANVS CORPORATION,
Plaintiff,
v.

Case No: 2:14-cv-99-FtM-38MRM

NIVISYS, LLC,
Defendant.
/
ORDER1
This matter comes before the Court on Defendant Nivisys, LLC's ("Nivisys") Motion to
Exclude Testimony (Doc. #62) filed on August 27, 2015.

Plaintiff Canvs Corporation

(“Canvs”) filed a Response (Doc. #63) on September 9, 2015. The matter is ripe for review.
Discussion
The first issue before the Court is whether the Court will allow anyone other than
counsel to explain the underlying technology at the upcoming non-adversarial technology
tutorial conference. Nivisys argues Canvs is planning to present its expert, James Gillespie,
at the tutorial conference to explain the technology at issue, even though the Court’s Case
Management Scheduling Order (“CMSO”) (Doc. #30) specifies that only counsel for the
parties shall do so. (Doc. #62 at 3). Canvs responds that it interpreted the CMSO as allowing
the presentation of knowledgeable witnesses to describe the underlying technology and

1

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answer any questions the Court might have. (Doc. #63 at 1). But if this is not the case, Canvs
will not call any witnesses at the tutorial conference. (Doc. #63 at 1).
The Court clarifies that only counsel for the Parties shall explain the technology at
issue at the non-adversarial technology tutorial conference. The Court will not allow any
witnesses at that time.
The second issue before the Court is whether Canvs plans on calling a witness not
listed in the Joint Claim Construction Statement (Doc. #36). But this issue is moot, as Canvs
clarified it will only seek the testimony of its expert, Gillespie, at the claim construction hearing.
And Gillespie was properly disclosed as a witness in the Joint Claim Construction Statement.
(Doc. #36-3).
Accordingly, it is now ORDERED:
Defendant Nivisys, LLC's ("Nivisys") Motion to Exclude Testimony (Doc. #62) is
GRANTED in part and DENIED in part.
1. The Motion is GRANTED to the extent only counsel for the Parties shall explain
the technology at issue at the non-adversarial technology tutorial conference.
2. The remainder of the Motion, seeking exclusion of any undisclosed witnesses, is
DENIED as Moot, as Plaintiff Canvs Corporation does not plan to call any
witnesses other than those already disclosed.
DONE and ORDERED in Fort Myers, Florida, this 16th day of September, 2015.

Copies: All Parties of Record

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