UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCTION v. VARIAN MEDICAL SYSTEMS, INC.

Filing 624

ORDER OF COURT Re: Parties Objections to Exhibits for Damages Portion of Trial 612 604 . Signed by Judge Arthur J. Schwab on 2-14-12. (Moschetta, Nicole)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNIVERSITY OF PITTSBURGH OF
THE COMMONWEALTH SYSTEM OF
HIGHER EDUCATION d/b/a
UNIVERSITY OF PITTSBURGH
Plaintiff,
v.

VARIAN MEDICAL SYSTEMS, INC.
Defendant.

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Civil Action No.: 2:08-cv-01307
Judge Arthur J. Schwab

FILED ELECTRONICALLY

ORDER OF COURT RE: PARTIES’ OBJECTIONS TO EXHIBITS
FOR DAMAGES PORTION OF TRIAL
Presently before this Court are the Parties’ Exhibit Charts which include their objections to
exhibits’ authenticity and/or admissibility. Doc. Nos. 604, 612. After careful review of the
exhibits and objections thereto, the Court rules as follows:
AND NOW, on this 14th day of February 2012, IT IS HEREBY ORDERED THAT:
1. Defendant’s objections to the following Plaintiff’s exhibits are OVERRULED:
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P-176;
PP-13;
PP-14;
PP-15;
PP-16;
PP-17;
PP-18;
PP-19;
PP-20;
PP-22;
PP-23;
PP-24;
PP-25;
PP-26;

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PP-27;
PP-28;
PP-29;
PP-30;
PP-31;
PP-32;
PP-33;
PP-35;
PP-36;
PP-37;
PP-39;
PP-40;
PP-41;
PP-42;
PP-57;
PP-60;
PP-62;
PP-64;
PP-75; and
PP-76.

2. Defendant’s objection to Plaintiff’s exhibit PP-73 is SUSTAINED as to the 2nd and 3rd
paragraphs, and OVERRULED as to the 1st paragraph.
3. Plaintiff’s objections to the following Defendant’s exhibits are SUSTAINED:
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D-009;
D-013;
D-020;
D-022;
D-023;
D-029;
D-030;
D-033;
D-034;
D-106;
D-107;
D-108;
D-110;
D-111;
D-112;
D-129;
D-133;
D-135;
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D-136;
D-138;
D-140;
D-141;
D-142;
D-148;
D-149;
D-164;
D-165;
D-166;
D-171;
D-187;
D-190;
D-213;
DD-073;
DD-119;
DD-130;
DD-161;
DD-164;
DD-168;
DD-187;
DD-191;
DD-192;
DD-282;
DD-548;
DD-643;
DD-646;
DD-658;
DD-659;
DD-664;
DD-665;
DD-672;
DD-673;
DD-695;
DD-73;
DD-752;
DD-753;
DD-754;
DD-826;
DD-834
DD-844; and
JT 27.

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4. Plaintiff’s objections to the following Defendant’s exhibits are OVERRULED as it
relates to ‘554 and SUSTAINED as to any other matter:
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D-056;
D-061; and
D-158.

5. Plaintiff’s objections to the following Defendant’s exhibits are SUSTAINED IN
PART/OVERRULED IN PART as set forth below:
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D-191 is overruled with respect to interrogatory 19 and otherwise sustained (consistent
with the parties’ stipulation);
DD-043 is overruled with respect to interrogatory 16 only and otherwise sustained;
DD-212, DD-213, DD-819, and DD-820 are sustained with respect to the actual expert
reports and overruled with respect to the exhibits to the expert reports; however, the
exhibits to the expert report must conform to previous Court Orders (see doc. nos. 594
and 600) regarding foreign sales, non-treatment RPMs, and the redesign of the RPM
system;
DD-379 is sustained except as to the ‘554 negotiation portion of the exhibit;
DD-629, DD-630, and DD-818 are overruled, except that Varian may not use this
evidence to support any argument that foreign sales should be excluded from the royalty
base (consistent prior Court Orders at doc. nos. 594 and 600);
DD-840 is overruled with respect to requests for admission 14 and 15 and otherwise
sustained (consistent with the parties’ stipulation).

6. Plaintiff’s objections to the following Defendant’s exhibits are OVERRULED as long as
the exhibit can be authenticated:
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DD-562-B; and
DD-562-F.
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc:

All Registered ECF Counsel and Parties

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