PA Advisors, LLC v. Google Inc. et al

Filing 411

ORDER - denying as untimely #395 Request to file a motion for summary judgment of validity re anticipation. Parties are reminded that expert testimony at trial will be limited to the four corners of their expert report. In that vein, dfts proffer regarding anticipation and any corresponding jury instruction may become an issue at a later time. Signed by Judge Randall R. Rader on 2/17/2010. (ch, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC, Plaintiff, v. GOOGLE, INC., et al., Defendants. Case No. 2:07-cv-480 (RRR) Jury Trial Demanded ORDER DENYING PLAINTIFF'S REQUEST TO FILE SUMMARY JUDGMENT MOTION Plaintiff's request to file a motion for summary judgment of validity re anticipation (Dkt. 395) is DENIED as untimely. Both parties are reminded, however, that any expert testimony at trial will be limited to the four corners of their expert report. In that vein, defendants' proffer regarding anticipation and any corresponding jury instruction may become an issue at a later time. It is SO ORDERED. SIGNED this 17th day of February, 2010. RANDALL R. RADER UNITED STATES CIRCUIT JUDGE (sitting by designation)

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