Function Media, L.L.C. v. Google, Inc. et al

Filing 327

***FILED IN ERROR. OVER THE PAGE LIMIT. PLEASE IGNORE. ATTY REFILED SEE # 329.*** SEALED MOTION to Exclude Certain Opinions of Function Media's Damages Expert Walter Bratic by Google, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Candido, Amy) (Additional attachment(s) added on 12/17/2009: # 5 Text of Proposed Order) (ch, ). Modified on 12/18/2009 (ch, ).

Function Media, L.L.C. v. Google, Inc. et al

Doc. 327 Att. 5

Case 2:07-cv-00279-CE

Document 328-8 *SEALED*

Filed 12/16/2009

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C. Plaintiff, vs. GOOGLE INC. AND YAHOO, INC. Defendants. § § § § § § § § §

Civil Action No. 2:07-CV-279

ORDER GRANTING GOOGLE'S MOTION TO EXCLUDE CERTAIN OPINIONS OF FUNCTION MEDIA'S DAMAGES EXPERT WALTER BRATIC

Defendant Google Inc. has moved to preclude Function Media, L.L.C.'s damages expert, Walter Bratic, from offering testimony on the following topics: (1) Google's acquisitions of entire companies, which are not comparable to a hypothetical license to the patents-in-suit; (2) any valuation of the stock consideration in a past transaction using the present-day price of Google's stock; (3) a marketing agreement with no relation to a license to comparable patents, (4) any estimation of Google's purported profits on the accused products that includes Google's costs; and (5) the purported portion of the profits attributable to the patented elements without any identification or analysis of the non-patented elements, business risks, and other value added by Google. After considering the briefing and positions of the parties, the Court hereby GRANTS such motion and ORDERS that Walter Bratic is precluded from offering such testimony.

01980.51542/3247637.1

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