Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 637

Agreed MOTION in Limine (Agreed Motions in Limine) by AOL Inc, Amazon.com Inc., Bedrock Computer Technologies, LLC, Google Inc., Match.Com LLC, MySpace Inc., Softlayer Technologies, Inc., Yahoo! Inc.. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer)

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Doc. 637 Att. 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER TECHNOLOGIES LLC, PLAINTIFF VS. SOFTLAYER TECHNOLOGIES, INC., CITIWARE TECHNOLOGY SOLUTIONS, LLC, GOOGLE, INC., YAHOO!, INC., MYSPACE INC., AMAZON.COM INC., PAYPAL INC., MATCH.COM, INC., AOL LLC, and CME GROUP INC., DEFENDANTS § § § § § CIVIL ACTION NO. 6:09-cv-269-LED-JDL § § § JURY TRIAL DEMANDED § § § § §

ORDER Before the Court is Plaintiff, Bedrock Computer Technologies LLC ("Bedrock" or "Plaintiff"), and Defendants SoftLayer Technologies, Inc. ("SoftLayer"), Google Inc., Yahoo! Inc. ("Yahoo!"), MySpace, Inc. ("MySpace"), Amazon.com Inc. ("Amazon"), Match.com, Inc. and AOL Inc. ("AOL") (collectively "Defendants") Agreed Motions in Limine. The Court, having reviewed the Agreed Motion, and being well-advised, finds that the motion should be GRANTED. It is therefore ORDERED that counsel and all witnesses called by or on behalf of either party are not to mention, discuss, or allude to any of the following issues, whether in voir dire, opening statement, examination of witnesses, offering of evidence, interposing or arguing objections, eliciting testimony, closing argument, or any other manner:

ORDER ­ Page 1

Dockets.Justia.com

(1) Any evidence or testimony concerning company firings and/or lay offs as a result of this litigation and/or damages awards. (2) Any evidence or testimony concerning the possible issuance of an injunction, award of treble damages, or an award of attorney's fees. (3) Any evidence or testimony suggesting that Bedrock must establish that the

Defendants copied in order to prove infringement, except that Defendants can point out that they were not notified of the '120 patent before the lawsuit, and Bedrock agrees not to suggest that Defendants have copied the '120 patent. This agreement does not apply to any trial on

willfulness. In any trial on willfulness, the Parties will address the admissibility of this evidence with the Court. (4) Any evidence or testimony of any kind mentioning the religion of any particular individuals, including making any general references to religion or religious figures or symbols. The Parties agree that religion is not relevant to any issues in the case. (5) Except when needed to do so to explain a denial of service attack of any kind, Bedrock will not to refer to, mention or offer evidence of any kind regarding instances in which third parties have used or attempted to use the Defendants' websites for any kind of unlawful or immoral purposes. (6) ) The Parties agree not to refer to, mention, elicit or argue any evidence or testimony concerning any discovery disputes, any of the Court's or Magistrate Judge's orders or recommendations on discovery disputes, or any allegations of misconduct, including with respect to any third parties so long as neither party references the character of Mikhail Lotvin. Nothing in this stipulation prevents the defendants from referencing Mr. Lotvin's employment relationship with HP or Bedrock's alleged covenant not to sue with HP. This agreement does not

ORDER ­ Page 2

extend to evidence or argument covered by Defendants' proposed motion in limine #13 or Plaintiff's proposed motion in limine D. SO ORDERED.

ORDER ­ Page 3