Mobile Telecommunications Technologies, LLC v. Sprint Nextel Corporation

Filing 395

ORDER granting in part and denying in part 275 Sealed Motion to Exclude. Signed by Magistrate Judge Roy S. Payne on 12/13/2014. (rsp2)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
MOBILE TELECOMMUNICATIONS
TECHNOLOGIES, LLC,
Plaintiff,
v.
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC,
Defendant.

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Case No. 2:13-cv-259

MEMORANDUM ORDER
Before the Court is Defendant Samsung’s Motion for Leave to File a Motion to Exclude
the Supplemental Expert Report of Dr. Ray Nettleton (Dkt. 275, the “Motion for Leave”).
Samsung attaches the substantive Motion to Exclude (Dkt. 275-2, the “Motion to Exclude”).
Samsung’s Motion for Leave is GRANTED.

Samsung’s Motion to Exclude is

DENIED, as the Court finds that Samsung had adequate notice of the substance of Dr.
Nettleton’s opinions. To the extent that Samsung’s objection is based on the premise that Dr.
Nettleton has not “identif[ied] what would constitute ‘message codes’ assigned to his purported
‘canned messages,’” the Court notes that Dr. Nettleton will be held to the scope of his expert
reports at trial. MTEL should be prepared to immediately and specifically direct the Court to the
supporting portion of Dr. Nettleton’s expert reports that provide support for any testimony it
intends to offer.

Signed this date.
Dec 13, 2014