Polaris IP, LLC v. Google Inc. et al

Filing 587

ORDER granting in part and denying in part 575 Motion for Reconsideration or clarify the court's denial of the pltf's motion in limine no 14. Signed by Magistrate Judge Charles Everingham on 8/2/10. (ehs, )

Polaris IP, LLC v. Google Inc. et al

Doc. 587

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC vs. GOOGLE INC., ET AL. § § § § § ORDER Pending before the court is the plaintiff Bright Response, LLC's ("Bright Response") motion to reconsider or clarify (Dkt. No. 575) the court's denial of the plaintiff's motion in limine no. 14. Bright Response's motion is GRANTED in part. The court grants the motion in limine as to "any reference to or comment regarding the fact that Bright Response is no longer asserting certain claims of the `947 patent against any of the Defendants, or the fact that Bright Response had a broader number of claims at one time and is now bringing a smaller number of claims." The defendants are precluded from stating that a particular claim was at one time asserted and is now not asserted, but this order does not prevent the Defendants from saying in front of the jury that particular claims of the `947 patent are not have not been asserted. But Bright Response's request to preclude "[a]ny reference by Google, AOL, or Yahoo to invalidity of claims that were not charted and timely disclosed in the Defendants. P.R. 3-3 Invalidity Contentions" remains denied, as it is not the proper subject of a motion in limine. The court will address Bright Response's argument at the evidentiary hearing.

CASE NO. 2:07-CV-371-CE

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SIGNED this 2nd day of August, 2010.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE