Bally Technologies, Inc. v. Business Intelligence Systems Solutions, Inc.

Filing 139

ORDER that Plaintiffs Sealed Motion in Limine or to Compel Production of BIS2's Source Code 121 is granted as follows: Testimony at trial regarding the source code for the allegedly infringing software product(s) will be limited to Defendants 3.0 source code. Signed by Magistrate Judge George Foley, Jr on 1/18/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BALLY TECHNOLOGIES, INC.

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Plaintiff,
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vs.
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BUSINESS INTELLIGENCE SYSTEMS
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SOLUTIONS, INC.
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Defendant.
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_________________________________________ )

Case No. 2:10-cv-00440-PMP-GWF
ORDER
Motion in Limine or to Compel
Production - #121

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This matter is before the Court on Plaintiff’s Sealed Motion in Limine or to Compel

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Production of BIS2's Source Code (#121), filed on November 23, 2011; Defendant’s Sealed

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Opposition to Plaintiff’s Motion in Limine or to Compel Production of BIS2’s Source Code (#122),

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filed on December 12, 2011; and Plaintiff’s Reply in Support of its Motion in Limine or to Compel

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Production of BIS2’s Source Code (#127), filed on December 22, 2011. The Court conducted a

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hearing in this matter on January 18, 2012. Plaintiff appeared at the hearing by and through its

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counsel Michael D. Rounds, Esq. Defendant appeared at the hearing by and through its counsel

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Robert W. Busby, Esq. and Michael N. Feder, Esq.

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DISCUSSION
Based on the statements and representations made by Plaintiff’s and Defendant’s counsel

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during the hearing on this motion, the parties agree that testimony at trial regarding the source code

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for the allegedly infringing software product(s) will be limited to Defendant’s 3.0 source code.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Sealed Motion in Limine or to Compel
Production of BIS2's Source Code (#121) is granted as follows: Testimony at trial regarding the

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source code for the allegedly infringing software product(s) will be limited to Defendant’s 3.0

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source code.

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DATED this 18th day of January, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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