EMSEAL Joint Systems, Ltd v. MM Systems Corporation

Filing 134

Judge Rya W. Zobel: ORDER entered granting 98 Motion in Limine; granting 105 Motion to Strike (Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 14-14706-RWZ

EMSEAL JOINT SYSTEMS, LTD.
v.
MM SYSTEMS CORPORATION

ORDER
August 9, 2017

ZOBEL, S.D.J.
Prior to the Markman hearing on January 12, 2017, plaintiff filed a motion in
limine to exclude the testimony and report of Haskell W. Beckham, Ph.D (the “Beckham
Report”). The parties presented their arguments on this motion during the hearing,
which the court took under advisement. Following the hearing, the parties filed
supplemental briefing and defendant attached a copy of the disputed Beckham Report
to its supplemental papers, which plaintiff moved to strike.
The court ultimately did not consider the Beckham Report, or any portion of
defendant’s submissions that referred to or relied upon it, in construing the claim terms
in the court’s Claim Construction Order. See Docket # 109. Accordingly, plaintiff’s
outstanding Motion in Limine to Exclude the Testimony and Report of Haskell W.
Beckham, Ph.D. (Docket # 98) and Motion to Strike the Report of Haskell W. Beckham,
Ph.D. (Docket # 105) are ALLOWED.

August 9, 2017
DATE

/s/Rya W. Zobel
RYA W . ZOBEL
SENIOR UNITED STATES DISTRICT JUDGE