JUNKER v. MEDICAL COMPONENTS, INC. et al

Filing 299

ORDER THAT PLFF'S REQUEST TO EXCLUDE ANY TESTIMONY OR DOCUMENTS RELATED TO SCENARIO 1D IN DANA TREXLER'S EXPERT REPORT PRODUCED ON 1/15/20 IS GRANTED; PLFF'S REQUEST TO EXCLUDE DEFTS' EXHIBIT 164 IS HELD UNDER ADVISEMENT; PLFF 9;S REQUEST FOR REASONABLE ATTORNEY'S FEES AND EXPENSES IS GRANTED AS TO ONLY THOSE EXPENSES INCURRED, ETC WITHIN 21 DAYS OF THE DATE OF THIS ORDER. DEFTS SHALL RESPOND TO PLFF'S MOTION WITHIN 14 DAYS OF ITS FILING. THE PARTIES SHALL FILE THEIR BRIEFS WITHIN 30 DAYS OF THE DATE OF THIS ORDER, ETC.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 3/19/20. 3/19/20 ENTERED AND COPIES MAILED AND E-MAILED.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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Plaintiff,
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v.
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MEDICAL COMPONENTS, INC., et al.,
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Defendants.
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LARRY G. JUNKER,

CIVIL ACTION

No. 13-4606

ORDER
AND NOW, this 19th day of March, 2020, upon consideration of Plaintiff’s
“Memorandum Regarding Trexler Expert Report due to Prejudice” (ECF No. 295) and
Defendants’ “Response in Opposition to Supplemental Motion to Exclude Trexler Expert Report
due to Prejudice” (ECF No. 296), it is hereby ORDERED that:
− Plaintiff’s request to exclude any testimony or documents related to Scenario 1D in
Dana Trexler’s expert report produced on January 15, 2020 is GRANTED;
− Plaintiff’s request to exclude Defendants’ Exhibit 164 is held under advisement;
− Plaintiff’s request for reasonable attorney’s fees and expenses is GRANTED as to only
those expenses incurred in connection with (1) drafting or responding to any motions or
briefing related to Scenario 1D; and (2) preparing to address Scenario 1D at trial.
Plaintiff shall file a motion setting forth his calculation of reasonable attorney’s fees and
expenses, and any supporting documentation, within 21 days of the date of this Order.
Defendants shall respond to Plaintiff’s motion within 14 days of its filing.

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− The parties shall file their briefs on infringement and invalidity, setting forth proposed
Findings of Fact and Conclusions of Law, within 30 days of the date of this Order.
These submissions shall not exceed 30 double-spaced pages.

BY THE COURT:
/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG, J.

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