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

Filing 707

ORDER denying #667 Motion to Strike #693 SEALED PATENT MOTION TO PRECLUDE RELIANCE ON DOCUMENTS AND FACTS RELATED TO PERFORMANCE TESTING PRODUCED BY GOOGLE AFTER CLOSE OF DISCOVERY ; granting #693 Sealed Patent Motion. Signed by Magistrate Judge John D. Love on 4/5/2011. (gsg)

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

Doc. 707

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

BEDROCK COMPUTER, TECHNOLOGIES, LLC Plaintiff, v. SOFTLAYER TECHNOLOGIES, INC., ET AL., Defendants.

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No. 6:09cv269 LED-JDL JURY DEMANDED

Before the Court is Defendants' Opposed Motion to Strike Untimely Supplemental Expert Report of Dr. Mark Jones (Doc. No. 667). Bedrock filed a response (Doc. No. 681). Having heard argument on the matter at the hearing held on April 4, 2011, Defendants' Motion is DENIED. Also before the Court is Bedrock's Motion to Preclude Reliance on Documents and Facts Related to Performance Testing Produced by Google (Doc. No. 693). Google filed a response (Doc. No. 699) and the Court heard argument on April 4, 2011. Due to the lack of properly designated expert testimony regarding the documents at issue, the Court GRANTS Bedrock's Motion. The Court finds that in order for this information to be helpful to the jury, the documents must be explained. As it stands right now, Google has not represented that its expert will explain the significance of the performance testing documents or the documents related to Google's traffic loads. Therefore, these documents will be excluded, without prejudice to how events unfold at trial. The Court will consider a request to present an offer of proof at an

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appropriate time during the course of trial, if necessary.1

So ORDERED and SIGNED this 5th day of April, 2011.

___________________________________ JOHN D. LOVE UNITED STATES MAGISTRATE JUDGE

The parties should continue to pursue the course of action outlined by the Court at the April 4th hearing where Google identifies any information it intends to offer at trial and Bedrock, in turn, may provide any conclusions by Dr. Jones on the matter.

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