Polaris IP, LLC v. Google Inc. et al

Filing 575

MOTION for Reconsideration OR TO CLARIFY THE COURTS RULING DENYING PLAINTIFFS MOTION IN LIMINE NO. 14 (CLAIMS NO LONGER BEING PURSUED) IN LIGHT OF THE COURTS GRANTING MOTION IN LIMINE NO. 15 (PRODUCTS NO LONGER ACCUSED) by Bright Response LLC. (Attachments: # 1 DECLARATION, # 2 Exhibit A, # 3 Text of Proposed Order)(Wiley, Elizabeth)

Polaris IP, LLC v. Google Inc. et al

Doc. 575 Att. 2

EXHIBIT A

Dockets.Justia.com

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what y'all are asking me for. All right. I'll -- I'll sign an order this week that gives you trial time. It seems to me, just from looking at the issues, that a lot of these things can be worked out through stipulations, such as -- such that additional time beyond what I'm thinking about wouldn't be necessary, but I've given up hope on stipulations. We've got a number of motions in limine. Most of y'all who are here know the rules about motions in limine. In this court, a ruling on a limine motion, you know, granting it or denying it, is not a definitive ruling on the admissibility of the evidence itself. You need, therefore, to protect your record. If I grant a motion in limine, that's an order that you approach the bench before launching into something that's directly or indirectly covered by a motion in limine in front of the jury. All I'm asking you to do is approach the bench and secure a ruling outside the presence of the jury. So please follow that instruction. With respect to your experts, you need to instruct your expert witnesses that when they're on cross examination, if a question fairly calls for a yes or no answer, it needs to be answered yes or no. I'll

agreement with respect to both of those. THE COURT: Okay. MR. FENSTER: And we have a number of proposals that have been submitted that are still under consideration by both parties, Your Honor. THE COURT: Okay. All right. Plaintiff's Motion No. 1 is denied. 2 has been withdrawn. 3 has been withdrawn. 4 is denied. 5 is denied. 6, I'm going to -- going to carry that. I'll hear argument on that. 7 is granted as agreed. 8 is granted as agreed. 9, granted as agreed. 10 and 11, I'll hear argument on. 12 is denied. You know, these motions that are being denied, I'm going to take up some of these issues, I'm sure, on Monday with respect to the evidentiary issues, but the fact, again, that I'm denying a motion in limine is -- I mean, it's -- it could mean that it's not a proper subject for a motion in limine. So, again, you need to protect your record on both sides.

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promise you that I will allow the expert to explain his answers on redirect, but the time for explaining his answers are not on cross examination. Most of the motions in limine I've looked at I'm going to give you rulings on right now. I'll hear argument on some of them, but before I get started, are there any additional agreements other than those that were forwarded to the Court yesterday? MR. FENSTER: Yes, Your Honor. THE COURT: Let's start with the plaintiff's. Are there any additional agreements? MR. FENSTER: Your Honor, plaintiffs, in an effort to reduce the issues for the Court, have agreed to withdraw Motions in Limine -- Plaintiff's Motions in Limine Nos. 2, 3, and 13. We also have a few agreements with respect to defendants'. THE COURT: Okay. MR. FENSTER: With respect to joint defendants' motions in limine, the plaintiff agrees to Nos. 5, 11, and 12. THE COURT: Any additional? MR. FENSTER: Yes. With regard to Yahoo!'s Motion in Limine No. 5, which is essentially the same as Plaintiff's Motion in Limine No. 7, to restrict testimony to expert report, I believe that we have an

13 has been withdrawn. 14 is denied. 15 is granted insofar as the defendants are precluded from stating that a particular product or service was at one time accused of infringement and now is not accused of infringement. This order does not prevent the defendants from saying -- or introducing evidence in front of the jury that particular products or services are not accused of infringement standing alone. So I'm allowing you to do that, but you can't -I'm not going to get into withdrawn claims of infringement in front of the jury, okay? Any questions? MR. VERHOEVEN: Understood, Your Honor. THE COURT: Okay. 16 is granted as agreed. 17 is granted. 18 is denied. 19 is granted. 20 is granted. 21 is granted in part. You can talk about the fact that the Patent and Trademark Office is busy, has a lot of applications. But we're not going to introduce evidence about the average amount of time that any particular examiner has to spend on any given patent. 22 is granted to the extent there's not

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