Polaris IP, LLC v. Google Inc. et al

Filing 606

ORDER granting in part and denying in part 492 Sealed Motion to Preclude Testimony by Dr Edward A Fox. The court grants the request to preclude Dr. Fox from offering an opinion on the 947 patents validity. Dr. Fox may testify that the patent uses e-mail and non- trivial, typically multiword texts as examples of electronic messages, so long as he recognizes that the term is not limited to those examples. The balance of the plaintiffs motion is denied. Signed by Magistrate Judge Charles Everingham on 8/5/2010. (ch, )

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's ("Bright Response") motion to preclude testimony by Dr. Edward A. Fox (Dkt. No. 492). Dr. Fox is the noninfringement expert for the defendant Google, Inc. The court grants the request to preclude Dr. Fox from offering an opinion on the `947 patent's validity. Dr. Fox may testify that the patent uses e-mail and "non-trivial, typically multiword texts" as examples of electronic messages, so long as he recognizes that the term is not limited to those examples. The balance of the plaintiff's motion is denied.

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

SIGNED this 5th day of August, 2010.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE