Kaufman v. Microsoft Corporation

Filing 165

ORDER granting in part and denying in part 133 Motion in Limine; granting 134 Motion in Limine; granting in part and denying in part 136 Motion in Limine; granting in part 138 Motion in Limine: On January 16, 2020, I held a final pretrial conference at which I resolved the parties' motions in limine. For the reasons stated at the final pretrial conference, the motions in limine are resolved as follows: 1. Plaintiffs motion in limine to preclude reference to, or arguments advanc ed in, inter partes review (ECF No. 133) is granted in part and denied in part. To the extent an admission by a party during inter partes review is relevant, the opposing party may introduce it at trial. The fact and posture of the inter partes revie w proceedings will not be presented to the jury. 2. Plaintiffs motion in limine to limit testimony concerning claim construction (ECF No. 134) is granted. No party may offer expert testimony construing patent claims. 3. Plaintiffs motion in limine re lating to Microsoft's destruction of usage data (ECF No. 136) is granted in part and denied in part. Defendant has agreed that it will not offer alternative data regarding usage of Dynamic Data in 2011. Defendant, however, may cross-examine Plai ntiffs expert regarding the expert's methodology for estimating usage. When Defendant does so, I will consider whether to issue an instruction to the jury regarding the destruction of usage data. 4. Defendant's motion in limine to exclude P laintiff from claiming any version of Schemalive practices the asserted claims (ECF No. 138 at 1-4) is granted. Schemalive shall not be introduced at trial. 5. I will defer ruling on Defendant's motion in limine to preclude evidence regarding al legations of spoliation of usage data (ECF No. 138 at 4-9) until after examination of Plaintiffs expert witness on damages. 6. Defendant's motion in limine to preclude evidence and arguments related to Microsoft's citations to Mr. Kaufman&# 039;s patent publications and patents (ECF No. 13 8 at 9-10) is granted. In light of my order granting Defendant's motion for summary judgment on the issue of willful infringement, the citations are not relevant. 7. Defendant's motion in li mine to exclude reference to the findings of inter partes review proceedings is granted. The Clerk of Court is directed to close the open motions in limine (ECF Nos. 133, 134, 136, 138). (Signed by Judge Alvin K. Hellerstein on 1/22/2020) (jwh)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------- X

ORDER ON MOTIONS IN
LIMINE

MICHAEL PHILIP KAUFMAN,
Plaintiff,

16 Civ. 2880 (AKH)
-againstMICROSOFT CORPORATION,
Defendant.
--------------------------------------------------------------- X

ALVIN K. HELLERSTEIN, U.S.D.J.:
On January 16, 2020, I held a final pretrial conference at which I resolved the
parties' motions in limine. For the reasons stated at the final pretrial conference, the motions in
limine are resolved as follows :
1. Plaintiffs motion in limine to preclude reference to, or arguments advanced in,

inter partes review (ECF No. 133) is granted in part and denied in part. To the
extent an admission by a party during inter partes review is relevant, the opposing
party may introduce it at trial. The fact and posture of the inter partes review
proceedings will not be presented to the jury.
2. Plaintiffs motion in limine to limit testimony concerning claim construction
(ECF No. 134) is granted. No party may offer expert testimony construing patent
claims.
3. Plaintiffs motion in limine relating to Microsoft's destruction of usage data (ECF
No. 136) is granted in part and denied in part. Defendant has agreed that it will
not offer alternative data regarding usage of Dynamic Data in 2011 . Defendant,

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however, may cross-examine Plaintiffs expert regarding the expert' s
methodology for estimating usage. When Defendant does so, I will consider
whether to issue an instruction to the jury regarding the destruction of usage data.
4. Defendant's motion in limine to exclude Plaintiff from claiming any version of
Schemalive practices the asserted claims (ECF No. 138 at 1-4) is granted.
Schemalive shall not be introduced at trial.
5. I will defer ruling on Defendant's motion in limine to preclude evidence regarding
allegations of spoliation of usage data (ECF No. 138 at 4-9) until after
examination of Plaintiffs expert witness on damages.
6. Defendant's motion in limine to preclude evidence and arguments related to
Microsoft' s citations to Mr. Kaufman's patent publications and patents (ECF No.
13 8 at 9-10) is granted. In light of my order granting Defendant's motion for
summary judgment on the issue of willful infringement, the citations are not
relevant.
7. Defendant's motion in limine to exclude reference to the findings of inter partes
review proceedings is granted.
The Clerk of Court is directed to close the open motions in limine (ECF Nos. 133,
134, 136, 138).
SO ORDERED.
Dated:

~~

New York, New York
January!J-r-2020

United States District Judge

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