MSC.Software Corporation v. Altair Engineering, Incorporated et al

Filing 1175

ORDER GRANTING ALTAIRS MOTION IN LIMINE NO. 16 (Doc. 1158) TO EXCLUDE THE TESTIMONY OF LUCA CASTIGNANI, KARTHIK KRISHNAN, AND RICHARD RIFF (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MSC.SOFTWARE CORPORATION,
Plaintiff,
Case No. 07-12807
v.
HON. AVERN COHN
ALTAIR ENGINEERING, INC.,
Defendant.
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ORDER GRANTING ALTAIR’S MOTION IN LIMINE NO. 16 (Doc. 1158)
TO EXCLUDE THE TESTIMONY OF LUCA CASTIGNANI, KARTHIK KRISHNAN,
AND RICHARD RIFF1
I.
This is a business dispute tried to a jury. The Court set aside a jury’s
$26,100,000.00 verdict in favor of MSC and granted Altair a new trial on the issue of
damages for breach of confidentiality/misappropriation of three MSC-owned technical
trade secrets (TTS).  
In preparing for the retrial on damages, the parties have filed motions in limine.
The captioned motion, Altair’s motion in limine No. 16 (Doc. 1158), seeks to exclude the
testimony of three new fact witnesses for MSC: Luca Castignani, Karthik Krishnan, and
Richard Riff. For the reasons that follow, the motion is GRANTED.

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Upon review of the parties’ papers, the Court deems this matter appropriate for
decision without oral argument. See Fed. R. Civ. P. 78(b); E.D. Mich. LR 7.1(f)(2).

II.
The issue on retrial is limited to the amount of damages MSC is entitled to as a
consequence of the jury’s verdict that Altair wilfully misappropriated TTS1, TTS2 and
TTS3 into MotionSolve. None of these new fact witnesses have any relevant testimony
to offer a jury. Particularly, none of the witnesses
-

have personal knowledge of the TTSs

-

know the effect of any one of the TTSs on the operation of MotionSolve

-

has any experience with MotionSolve

In light of this determination, Altair’s request to call Joe Sorovetz and Mauro
Guglielminotti is MOOT.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: February 13, 2017
Detroit, Michigan

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