Anascape, Ltd v. Microsoft Corp. et al

Filing 283

NOTICE by Microsoft Corp., Nintendo of America, Inc. DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS (Carraway, J)

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Anascape, Ltd v. Microsoft Corp. et al Doc. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. Plaintiff, v. MICROSOFT CORPORATION, and NINTENDO OF AMERICA, INC., Defendants. Hon. Ron Clark Civil Action No. 9:06-CV-00158-RC DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Defendants Microsoft Corporation and Nintendo of America hereby provide their objections to Plaintiff's Trial Exhibit List. Pursuant to Ms. Chen's April 3, 2008 e-mail to the parties, Defendants have not listed objections based on relevance or materiality, and reserve the right to make such objections at the appropriate time. Defendants also reserve the right to augment, or otherwise modify their objections to Plaintiff's exhibits list based on circumstances as they may evolve prior to the commencement of trial, including but not limited to Motions in Limine, Motions for Summary Judgment, or any other pre-trial motion, objections, or ruling. Plaintiff's Trial Ex. No. PX9 07/02/1999 E-mail from B. Armstrong to T. Holmdahl re: more thorough product demos (Holmdahl Deposition, 10/18/2007, Ex. 178) [MSANAS159894 -MSANAS159895] PX10 08/12/1999 E-mail from T. Holmdahl to B. Armstrong re: Going Forward (Holmdahl Deposition, Defendants' Objections Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions) (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste Plaintiff's Response Court's Ruling DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 1 Dockets Plaintiff's Trial Ex. No. 10/18/2007, Ex. 179) [MSANAS159893] PX11 08/23/1999 E-mail from T. Holmdahl to P. Lovell forwarding B. Armstrong information (Holmdahl Deposition, 10/18/2007, Ex. 180) [MSANAS159847] PX12 10/18/1999 E-mail from T. Holmdahl to P. Lovell re: Brad (Holmdahl Deposition, 10/18/2007, Ex. 181) [MS-ANAS159836] PX13 07/13/2005 House & Entertainment, FY05 Actual Trend, US Dollars in Thousands (Moline Deposition, 10/24/2007, Ex. 213) [MS-ANAS165929 MS-ANAS165988] PX25 08/23/2001 Letter from Nintendo of America, Inc. J. Moore to Nintendo Retailer (Pederson Deposition, 03/21/2007, Ex. 30) [NAA00000041 NAA00000043] PX37 12/13/2001 Letter from K. Tyler to B. Stolar recapping their 12/13/2001 telephone conversation (Stolar Deposition, 12/20/2007, Ex. 287) [ANS0007792] Defendants' Objections of Time). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time). Overall or Foreign Sales/Profits: Defs' MIL Nos. 16 (Overall Sales/Profits), 17 (Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Overall Sales/Profits: Defs' MIL No. 16 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Plaintiff's Response Court's Ruling Sony-Anascape Settlement: Defs' MIL 1 (Sony-Anascape Settlement); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 408 (Settlement); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). PX38 11/29/2004 Affidavit of Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit B. Stolar with attachments Interactions) (Pre-suit (Stolar Deposition, Interactions); Rule 403 12/20/2007, Ex. 291) (Prejudice, Confusion, Waste [ANS0027856 of Time). ANS0027859] DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 2 Plaintiff's Trial Ex. No. Defendants' Objections Plaintiff's Response Court's Ruling Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). PX42 Undated - letter from B. Rule 802 (Hearsay) (only if Armstrong to Kelly (Tyler offered for truth of matters Deposition, 10/16/2007, Ex. asserted); Rule 901 104) [ANS0053009 (Authenticity). ANS0053010] PX45 12/28/1998 E-mail Rule 403 (Confusion, from K. Tyler to D. de la Prejudice); Rule 802 (Hearsay) (only if offered for Torre, re: Sending of 100K, Attachment: Limited truth of matters asserted); Partnership 5.doc and Rule 901 (Authenticity). Conditional Assignment 5.doc (Tyler Deposition, 10/16/2007, Ex. 110) [ANS0063656 ANS0063673] PX46 12/23/1999 Anascape Sony-Anascape Settlement: Certificate of Limited Defs' MIL 1 (Sony-Anascape Partnership (Tyler Deposition, Settlement); Rule 403 10/16/2007) [ANS0028168 (Prejudice, Confusion, Waste ANS0028182] of Time); Rule 408 (Settlement); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). PX47 12/28/1999 Rule 403 (Confusion, Assignment Agreement Prejudice); Rule 802 between B. Armstrong and (Hearsay); Rule 901 Anascape (Tyler Deposition, (Authentication). 10/16/2007, Ex. 112) [ANS0004701 ANS0004708] PX48 10/19/2000 Rule 403 (Confusion, Supplemental Agreement Prejudice); Rule 802 between B. Armstrong and (Hearsay); Rule 901 Anascape (Tyler Deposition, (Authentication). 10/16/2007, Ex. 113) [ANS0004709 ANS0004716] PX55 04/20/2004 Patent Sony-Anascape Settlement: License Agreement between, Defs' MIL 1 (Sony-Anascape DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 3 Plaintiff's Trial Ex. No. on the one hand, Sony Computer Entertainment America Inc. and Sony Computer Entertainment Inc., and on the other hand, Anascape, B. Armstrong and K. Tyler (Tyler Deposition, 10/16/2007, Ex. 129) [ANS0004667 ANS0004679] PX56 06/26/2002 Letter from K. Tyler to M. Perlis enclosing Issued Patent Portfolio (list of 18 Anascape Patents), 6 Claim Charts (Tyler Deposition, 10/16/2007, Ex. 133) [ANS0027688 ANS0027691] PX57 09/09/2002 Letter from K. Tyler to T. Hoff (Logitech) enclosing Issued Patent Portfolio (list of 18 Anascape Patents), 6 Claim Charts (Tyler Deposition, 10/16/2007, Ex. 134) [ANS0007855 ANS0007856] PX58 11/29/2001 Affidavit of B. Stolar (Tyler Deposition, 10/16/2007, Ex. 139) [ANS0007846] Defendants' Objections Settlement); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 408 (Settlement); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Plaintiff's Response Court's Ruling Rule 802 (Hearsay) Rule 802 (Hearsay) Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions) (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time). Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Sony-Anascape Settlement: Defs' MIL 1 (Sony-Anascape Settlement); Rule 403 (Prejudice, Confusion, Waste DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 4 Plaintiff's Trial Ex. No. Defendants' Objections Plaintiff's Response Court's Ruling of Time); Rule 408 (Settlement Discussions). PX59 10/05/2001 Letter from Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit B. Fischbach to S. Quan Interactions) (Pre-suit (Microsoft Corporation) re: Interactions); Rule 403 Anascape (Tyler Deposition, (Prejudice, Confusion, Waste 10/16/2007, Ex. 140 of Time). [ANS0007849 ANS0007850] Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). PX60 04/23/2002 Letter from Pre-Suit Interactions: K. Tyler to B. Bach enclosing Defs' MIL No. 5 (Pre-suit Issued Patent Portfolio (list of Interactions) (Pre-suit 14 issued Anascape Patents) Interactions); Rule 403 (Tyler Deposition, (Prejudice, Confusion, Waste 10/16/2007, Ex. 141) of Time). [ANS0007851 ANS0007852] Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). PX61 04/30/2002 Telephone Pre-Suit Interactions: message - S. Quan (Microsoft Defs' MIL No. 5 (Pre-suit Corporation) - wants list of Interactions) (Pre-suit claims that we are concerned Interactions); Rule 403 about (Tyler Deposition, (Prejudice, Confusion, Waste 10/16/2007, Ex. 142) of Time). [ANS0007853] Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). PX74 Undated - Presentation Overall and Foreign by R. Holmdahl "Xenon Sales/Profits: Peripheral Plan" (Martinez Defs' MIL Nos. 16-17 Expert Report) [MS(Overall and Foreign Sales/Profits); Rule 403 ANAS164516 - MS(Prejudice, Confusion, Waste ANAS164533] of Time). PX76 02/02/2007 Chart re: Pre-Suit Sales: identified products: Xbox Rule 403 (Prejudice, DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 5 Plaintiff's Trial Ex. No. Controller; Total US Revenue; Microsoft Corporation November, 2000 -December, 2006 (Martinez Expert Report) [MSANAS165685 - MSANAS165705] PX77 02/02/2007 Chart re: identified products: Xbox Controller; Total Worldwide Licenses; Microsoft Corporation November, 2000 - December, 2006 (Martinez Expert Report) [MSANAS165706 MSANAS165726] PX78 02/02/2007 Chart re: identified products: Xbox Controller; Total Worldwide Revenue; Microsoft Corporation November, 2000 - December, 2006 (Martinez Expert Report) [MSANAS165727 - MSANAS165747] PX81 02/27/1997 Letter from B. Armstrong to M. Paul re: patents for 6 DOFF controllers (Martinez Expert Report) [ANS0041787 ANS0041789] Defendants' Objections Confusion, Waste of Time) (only as to portion of document showing pre-suit sales). Plaintiff's Response Court's Ruling Foreign Sales/Profits: Defs' MIL No. 17 (Foreign Sales/Proifits); Rule 403 (Prejudice, Confusion, Waste of Time). Foreign Sales/Profits: Defs' MIL No. 17 (Foreign Sales/Proifits); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted). PX82 10/05/2001 Letter from Pre-Suit Interactions: B. Fischbach to S. Quan re: Defs' MIL No. 5 (Pre-suit Anascape (Martinez Expert Interactions); Rule 403 Report) [ANS0027835 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) ANS0027839] (only if offered for truth of matters asserted). PX88 01/15/1993 The New Rule 403 (Confusion, Waste IEEE Standard Dictionary of of time); Rule 901 Electrical and Electronics (Authenticity) Terms [Including Abstracts of all Current IEEE Standards], DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 6 Plaintiff's Trial Ex. No. Fifth Edition, by G. Kuris, Chair and C. Booth, Editor (Anascape's Opening Claim Construction Brief - Part I, Ex.5) PX89 09/25/2006 Nintendo's Corporate Disclosure Statement (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 11) PX90 02/13/2007 Nintendo's Notice of Initial Disclosure (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 12) PX91 03/11/2007 Nintendo's Privilege Log (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 13) Defendants' Objections Plaintiff's Response Court's Ruling Rule 403 (Prejudice, Confusion, Waste of Time). Rule 403 (Prejudice, Confusion, Waste of Time). Privilege Log: Defs' MIL No. 13 (Negative Inference from Privilege); Rule 403 (Prejudice, Misleading, Confusion, Waste of Time); Defs' MIL No. 8 (Cheng Meeting). PX92 07/12/2007 Nintendo's Privilege Log: Defs' MIL No. 13 (Negative Supplemental Privilege Log Inference from Privilege); (Anascape's Motion to Rule 403 (Prejudice, Compel Production to Nintendo, 10/29/2007, Ex. 14) Misleading, Confusion, Waste of Time); Defs' MIL No. 8 (Cheng Meeting). PX93 Undated - Initial Rule 403 (Prejudice, Disclosures of Nintendo Confusion, Waste of Time). (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 15) PX94 06/06/2007 Notice of Overall and Foreign 67th Annual General Meeting Sales/Profits: of Nintendo Shareholders Defs' MIL Nos. 16-17 with attached Business Report (Overall and Foreign (Anascape's Motion to Sales/Profits); Rule 403 Compel Production to (Prejudice, Confusion, Waste Nintendo, 10/29/2007, Ex. 16) of Time). PX95 Website: Business 3rd Party Article: Rule 802 (Hearsay) (only if Week's link to Nintendo's DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 7 Plaintiff's Trial Ex. No. Board of Directors Members (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 17) PX96 Website: Nintendo's Media Site, "Nintendo Hires Two New Eves to Oversee Sales & Marketing, Special Projects" (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 18) PX97 Nintendo's Annual Report 2007 (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 19) PX98 Website: Nintendo index in Japanese (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 20) PX102 04/26/2007 Nintendo's Consolidated Financial Statements Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 24) PX103 Website: Nintendo Corporate Information / International Distributors Company List (Anascape's Motion to Compel Production to Nintendo, 10/29/2007, Ex. 25) PX111 09/25/2006 "Survey says: Gamers want Rumble" (Anascape's Omnibus Response to Microsoft Motion for Partial Summary Judgment, Nintendo Motion for Summary Judgment and Defendants'' Joint Motion for Partial Summary Judgment, Defendants' Objections offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). Rule 403 (Prejudice, Confusion, Waste of Time). Plaintiff's Response Court's Ruling Overall and Foreign Sales/Profits: Defs' MIL 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Rule 403 (Prejudice, Confusion, Waste of Time); Rule 901 (Authenticity) Overall and Foreign Sales/Profits: Defs' MIL 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Overall and Foreign Sales/Profits: Defs' MIL 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 8 Plaintiff's Trial Ex. No. 03/13/2008, Ex. 31) PX112 12/23/1999 Anascape's Limited Partnership Agreement (Martinez Expert Report, 03/03/2008) [ANS0004718 ANS0004729] Defendants' Objections Sony-Anascape Settlement: Defs' MIL 1 (Sony-Anascape Settlement); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 408 (Settlement); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Overall and Foreign Sales/Profits: Defs' MIL 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Non-Comparable Licenses: Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Non-Comparable Licenses: Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Plaintiff's Response Court's Ruling PX113 Undated - Microsoft's Annual Report 2007 (Martinez Expert Report, 03/03/2008) PX114 05/13/1993 Joint Venture Agreement between Key Tonic Corporation and Global Devices and S. Bowman (Bowman Deposition, 10/03/2007, Ex. 87) [ANS0008091 ANS0008106] PX115 09/20/1993 Letter agreement from R. Loiter to B. Armstrong and S. Bowman modifying 05/13/1993 Joint Venture Agreement (Bowman Deposition, 10/03/2007, Ex. 88) [ANS0040276 ANS0040277] PX121 Undated - Letter from B. Armstrong to Howard in Response to NODE (Cheng Deposition, 10/17/2007, Ex. 145) [ANS0055067] Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authenticity). PX122 Undated - Letter from Pre-Suit Interactions: B. Armstrong to Howard in Defs' MIL No. 5 (Pre-suit Response to NODE (Cheng Interactions); Rule 403 Deposition, 10/17/2007, Ex. (Prejudice, Confusion, Waste DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 9 Plaintiff's Trial Ex. No. 146) [ANS0055066] Defendants' Objections of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authenticity). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Defs' MIL No. 8 (Cheng Meeting). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Improper Lay Opinion); Rule 901 (Authentication). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Defs' MIL No. 8 (Cheng Meeting). Rule 403 (Prejudice, Confusion) (conditioned on the grant of Defendants' motion for summary judgment of no willful infringement) 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). Plaintiff's Response Court's Ruling PX123 08/27/1997 Handwritten notes re: Nintendo Technology Development, Howard Cheng (Cheng Deposition, 10/17/2007, Ex. 147) [NAA00014643 NAA00014644] PX124 Undated - articles entitled "Global Navigator vs. Space Ball," and "Fundamental Advantages of the Extreme 6DOF Patent Portfolio" (Cheng Deposition, 10/17/2007, Ex. 148) [NAA00014645 NAA00014647] PX125 Undated - Patent Server IBM detailed view of 5565891: Six degrees of freedom graphics Controller (Cheng Deposition, 10/17/2007, Ex. 149) [NAA00014648 NAA00014660] PX128 05/27/1998 71 of 106 Documents, Business Wire, Headline: New PlayStation Game Consoles to Include Dual Shock Analog Controller as Standard PackIn for $149 (Panic Deposition, 02/20/2008, Ex. 311) [SCEA00534-SCEA00535] DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 10 Plaintiff's Trial Ex. No. PX129 11/12/2000 Newsweek article "Now It's Nintendo's Turn" (Harrison Deposition, 11/09/2007, Ex. 263) [NAA00017341 NAA00017343] PX130 05/16/2001 MSNBC article "Biggest fight in video game history kicks off this week" (Harrison Deposition, 11/09/2007, Ex. 264) [NAA00017746 NAA00017748] PX135 09/07/2006 Wii DVD Script and 09/07/06 Email from S. Pelland to J. Moore and K. Poston re: NP DVD (attaching script) [NAA00021897 NAA00021905] PX136 03/03/1999 Fax from K. Tamura to Mr. Koshiishi re: controller (Harrison Deposition, 11/09/2007, Ex. 285) [NCA00003041 NCA00003045] PX138 Undated - Facsimile from B. Armstrong to M. Paul at Microsoft re: Thanks for meeting at CGDC and Good News! (Holmdahl Deposition, 10/18/2007, Ex. 156) [ANS0051502] Defendants' Objections 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). Rule 802 (Hearsay)(pertains to email); Rule 106 (Incomplete document)(pertains to email) Plaintiff's Response Court's Ruling Rule 802 (Hearsay) PX139 02/27/1997 Letter from B. Armstrong to M. Paul re: patents for 6 DOF Pre-Suit Interactions: Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (to the extent communications of B. Armstrong or Anascape are included and offered for truth of matters asserted; also hearsay to extent communications of Microsoft are included and offered for truth of matters asserted and against NOA). Duplicate (PX81) DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 11 Plaintiff's Trial Ex. No. controllers (Holmdahl Deposition, 10/18/2007, Ex. 157) [ANS0041787 ANS0041789] Defendants' Objections Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (to the extent communications of B. Armstrong or Anascape are included and offered for truth of matters asserted; also hearsay to extent communications of Microsoft are included and offered for truth of matters asserted and against NOA). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time). Plaintiff's Response Court's Ruling PX140 04/15/1999 E-mail from T. Holmdahl to M. Van Flandern re: Useful New Products (Holmdahl Deposition, 10/18/2007, Ex. 160) [MS-ANAS159953 MS-ANAS159954] PX141 04/18/1999 E-mail from B. Armstrong to T. Holmdahl re: Meet (Holmdahl Deposition, 10/18/2007, Ex. 161) [MS-ANAS159869] Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (to the extent communications of B. Armstrong or Anascape are included and offered for truth of matters asserted; also hearsay to extent communications of Microsoft are included and offered for truth of matters asserted and against NOA). PX142 04/22/1999 E-mail Pre-Suit Interactions: from B. Armstrong to T. Defs' MIL No. 5 (Pre-suit Holmdahl re: Meet (Holmdahl Interactions); Rule 403 Deposition, 10/18/2007, Ex. (Prejudice, Confusion, Waste 162) [MS-ANAS159864 of Time); Rule 802 (Hearsay) (to the extent communications MS-ANAS159866] of B. Armstrong or Anascape are included and offered for truth of matters asserted; also hearsay to extent DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 12 Plaintiff's Trial Ex. No. Defendants' Objections communications of Microsoft are included and offered for truth of matters asserted and against NOA). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time). Plaintiff's Response Court's Ruling PX143 04/26/1999 E-mail from T. Holmdahl to M. Van Flandern and S. Plank re: Meet (Holmdahl Deposition, 10/18/2007, Ex. 163) [MSANAS159936 - MSANAS159938] PX144 04/26/1999 E-mail from B. Armstrong to T. Holmdahl re: Meet (Holmdahl Deposition, 10/18/2007, Ex. 164) [MS-ANAS159859 MS-ANAS159863] Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (to the extent communications of B. Armstrong or Anascape are included and offered for truth of matters asserted; also hearsay to extent communications of Microsoft are included and offered for truth of matters asserted and against NOA). PX145 05/05/1999 E-mail Pre-Suit Interactions: from T. Holmdahl to S. Plank, Defs' MIL No. 5 (Pre-suit P. Lovell, C. Ledbetter, S. Interactions); Rule 403 Kaneko re: idea (Holmdahl (Prejudice, Confusion, Waste Deposition, 10/18/2007, Ex. of Time). 167) [MS-ANAS159922] PX146 05/06/1999 E-mail Pre-Suit Interactions: from S. Kaneko to T. Defs' MIL No. 5 (Pre-suit Holmdahl, P. Lovell, C. Interactions); Rule 403 Ledbetter re: idea (Holmdahl (Prejudice, Confusion, Waste Deposition, 10/18/2007, Ex. of Time). 168) [MS-ANAS159921] PX147 05/06/1999 E-mail Pre-Suit Interactions: from C. Ledbetter to T. Defs' MIL No. 5 (Pre-suit Holmdahl re: Orca "Z" control Interactions); Rule 403 idea (Holmdahl Deposition, (Prejudice, Confusion, Waste 10/18/2007, Ex. 169) [MSof Time). ANAS159920] PX148 05/07/1999 E-mail Pre-Suit Interactions: DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 13 Plaintiff's Trial Ex. No. from B. Armstrong to P. Lovell, T. Holmdahl re: Thanks for meeting with me. (Holmdahl Deposition, 10/18/2007, Ex. 170) [MSANAS159857] PX149 05/18/1999 E-mail from B. Armstrong to T. Holmdahl, P. Lovell re: Ready to sign the NDA (Holmdahl Deposition, 10/18/2007, Ex. 171) [MS-ANAS159856] Defendants' Objections Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (to the extent communications of B. Armstrong or Anascape are included and offered for truth of matters asserted; also hearsay to extent communications of Microsoft are included and offered for truth of matters asserted and against NOA). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (to the extent communications of B. Armstrong or Anascape are included and offered for truth of matters asserted; also hearsay to extent communications of Microsoft are included and offered for truth of matters asserted and against NOA). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 Plaintiff's Response Court's Ruling PX150 05/20/1999 E-mail from T. Holmdahl to B. Armstrong, P. Lovell re: Ready to Sign the NDA (Holmdahl Deposition, 10/18/2007, Ex. 172) [MSANAS1599913] PX151 05/24/1999 E-mail from B. Armstrong to T. Holmdahl re: Ready to Sign the NDA? (Holmdahl Deposition, 10/18/2007, Ex. 173) [MS-ANAS159852] PX152 06/15/1999 E-mail from B. Armstrong to P. Lovell, T. Holmdahl re: NDA DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 14 Plaintiff's Trial Ex. No. - Status? (Holmdahl Deposition, 10/18/2007, Ex. 174) [MS-ANAS159851] Defendants' Objections Plaintiff's Response Court's Ruling (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (to the extent communications of B. Armstrong or Anascape are included and offered for truth of matters asserted; also hearsay to extent communications of Microsoft are included and offered for truth of matters asserted and against NOA). PX153 06/16/1999 E-mail Pre-Suit Interactions: from T. Holmdahl to B. Defs' MIL No. 5 (Pre-suit Armstrong, P. Lovell re: DNA Interactions); Rule 403 [sic] - Status? (Holmdahl (Prejudice, Confusion, Waste Deposition, 10/18/2007, Ex. of Time). 175) [MS-ANAS159903 MS-ANAS159904] PX154 06/20/1999 E-mail Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit from B. Armstrong to T. Holmdahl, P. Lovell re: More Interactions); Rule 403 Thorough Product Demos? (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (Holmdahl Deposition, (to the extent communications 10/18/2007, Ex. 176) [MSof B. Armstrong or Anascape ANAS159848 - MSare included and offered for ANAS159850] truth of matters asserted; also hearsay to extent communications of Microsoft are included and offered for truth of matters asserted and against NOA). PX155 07/01/1999 E-mail Pre-Suit Interactions: from T. Holmdahl (Holmdahl Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 Deposition, 10/18/2007, Ex. (Prejudice, Confusion, Waste 177) [MS-ANAS159897of Time). MS-ANAS159899] PX172 01/06/2001 Article: 3rd Party Article: Microsoft Designers Go to Rule 802 (Hearsay) (only if offered for truth of matters Extremes to Make Sure the Xbox Console and Controller asserted); Rule 602 (Lack of Convey New And Unforeseen Personal Knowledge); Rule 701 (Improper Lay Opinion); Gameplay Experience (Rebuttal Expert Report of R. Rule 901 (Authentication). DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 15 Plaintiff's Trial Ex. No. Howe, 03/03/2008) PX173 09/27/2001 Article: IGN: Dual Shock 2 Review (Rebuttal Expert Report of R. Howe, 03/03/2008) Defendants' Objections 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Improper Lay Opinion); Rule 901 (Authentication). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Improper Lay Opinion); Rule 901 (Authentication). Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (alleged statements by Mitsumi) Rule 403 (Prejudice, Confusion, Waste of Time). Plaintiff's Response Court's Ruling PX174 10/26/2000 Article: Sony DualShock 2 Analog Controller (Black) - CNET review (Rebuttal Expert Report of R. Howe, 03/03/2008) PX183 PX184 10/15/1999 E-mail from W. Mack to R. Vingerelli, B. Friedrich (HRDW/USA), M. DuCoeur, T. Schafenacker re: Tilt and X-box matters (Rebuttal Expert Report of R. Howe, 03/03/2008) [MSANAS0031852] PX185 08/22/2005 Xbox 360 Accessories Roadmap (Rebuttal Expert Report of R. Howe, 03/03/2008) [MSANAS161260 -MSANAS161286] PX191 12/19/2003 Expert Report of M. Wagner in Immersion Corporation v. Sony (Rebuttal Expert Report of R. Howe, 03/03/2008) [ANS0068880 ANS0068915] Overall and Foreign Sales/Profits: Defs' MIL 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Immersion Settlement: Defs' MIL No. 2 (MicrosoftImmersion Settlement); Rule 403 (Prejudice, Confusion, Waste of Time). Expert Report: Rule 403 (Prejudice, Confusion, Waste of Time); DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 16 Plaintiff's Trial Ex. No. Defendants' Objections Rule 802 (Hearsay) (only if offered for truth of matters asserted). Rule 702, Rule 26 (Undisclosed Testimony by Experts). Rule 802 (Hearsay) (only if offered for truth of matters asserted). Plaintiff's Response Court's Ruling PX201 07/15/1993 and 07/20/1993 Global fax cover sheets (2) from S. Bowman of Global Devices to M. Phalen of Key Tronic Corporation re: (1st fax) Development unit and Computer-Aided Engineering Buyer's Guide and (2nd fax) an Atari article [ANS0040164] PX202 07/20/1993 Global Fax Cover Sheet from S. Bowman to M. Phalen for J. DeWenter re: Here's an article I thought would be of interest to you..... (re new Atari game) [ANS0040165] PX203 07/28/2003 Website article, San Jose, Calif., "Microsoft Licenses Immersion's Haptic Patent Portfolio, Agreements Settle Legal Differences, Provide Microsoft Broad Licensing Rights to Sense of Touch Patents on Multiple Platforms" (immr.client.shareholder.com/ ReleaseDetail.cfm?ReleaseID =114868&printable=1) PX204 Undated - Website article "Does this week's injunction, halting all imports of PlayStation product, have Sony shaking, rattling, or rolling? We ask Immersion boss Victor Viegas to explain Rule 802 (Hearsay) (only if offered for truth of matters asserted). Immersion Settlement: Defs' MIL No. 2 (MicrosoftImmersion Settlement); Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Improper Lay Opinion); Rule 901 (Authentication). Immersion Litigation: Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 17 Plaintiff's Trial Ex. No. if it's game over for Sony" (www.gamespot.com/news/ 6121323.html?&print=1) (K. Ugone Rebuttal Expert Report, 03/03/2008) PX216 03/31/2001 09/30/2007 Nintendo of America, Inc. Monthend Income Statement Summary (Meader Deposition 11/8/2007, Ex. 246) [NAA00023081 NAA00023129] PX217 10/00/2005 12/00/2006 Microsoft Corporation Identified Products: Common Controller Total US Licenses and Revenue (Moline Deposition 10/14/2007, Ex 203) [MSANAS165479 - MSANAS165482] PX218 10/00/2005 12/00/2006 Microsoft Corporation Identified Products: Common Controller Total US Worldwide Licenses and Revenue (Moline Deposition 10/14/2007, Ex 204) [MS-ANAS165483 MS-ANAS165486] Defendants' Objections asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Improper Lay Opinion); Rule 901 (Authentication). Overall Sales/Profits: Defs' MIL No. 16 (Overall Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Plaintiff's Response Court's Ruling Pre-Suit Sales: Rule 403 (Prejudice, Confusion, Waste of Time) (only as to portion of document showing pre-suit sales). Foreign Sales/Profits: Defs' MIL 17 (Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Sales: Rule 403 (Prejudice, Confusion, Waste of Time) (only as to portion of document showing pre-suit sales). Foreign Sales/Profits: Defs' MIL 17 (Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Overall and Foreign Sales/Profits: Defs' MIL Nos. 16-17 PX219 07/07/2006 Home & Entertaiment Product P&L FY06 Actual Trent US Dollars In Thousands (Moline Deposition 10/14/2007, Ex. 206) [MS-ANAS165489 MS-ANAS165544] PX220 01/17/2007 Home & Entertaiment Product P&L FY07 YTD Dec Actual Trent DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 18 Plaintiff's Trial Ex. No. US Dollars In Thousands (Moline Deposition 10/14/2007, Ex. 207) [MSANAS165548 - MSANAS165663] PX221 11/00/2000 12/00/2006 Microsoft Corporation Identified Products: Total US Licenses (Moline Deposition 10/14/2007, Ex. 208) [MSANAS165664 - MSANAS165747] PX 222 07/10/2000 Microsoft Consolidated P&L Div: Xbox FY00 Actual Trend US Dollar In Thousands (Moline Deposition 10/14/2007, Ex. 209) [MS-ANAS165748 MS-ANAS165765] Defendants' Objections (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Sales: Rule 403 (Prejudice, Confusion, Waste of Time) (only as to portion of document showing pre-suit sales). Overall and Foreign Sales/Profits: Defs' MIL Nos. 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Sales: Rule 403 (Prejudice, Confusion, Waste of Time) (as to portion of document showing pre-suit sales). Overall and Foreign Sales/Profits: Defs' MIL Nos. 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Sales: Rule 403 (Prejudice, Confusion, Waste of Time) (as to portion of document showing pre-suit sales). Overall and Foreign Sales/Profits: Defs' MIL Nos. 16-17 (Overall and Foreign Sales/Profits); Rule 403 Plaintiff's Response Court's Ruling PX223 07/05/2002 Product FY02 Actuals vs FY01 Actuals for the Months of January-December US Dollars In Thousands Div: Xbox (Moline Deposition 10/14/2007, Ex. 210) [MSANAS165766 - MSANAS165816] PX224 07/09/2003 Home & Entertainment FY03 Actual Trend US Dollars In Thousands Div: Xbox (Moline Deposition DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 19 Plaintiff's Trial Ex. No. 10/14/2007, Ex. 211) [MSANAS165817 - MSANAS165868] Defendants' Objections (Prejudice, Confusion, Waste of Time). Pre-Suit Sales: Rule 403 (Prejudice, Confusion, Waste of Time) (as to portion of document showing pre-suit sales). Overall and Foreign Sales/Profits: Defs' MIL Nos. 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Sales: Rule 403 (Prejudice, Confusion, Waste of Time) (as to portion of document showing pre-suit sales). Unaccepted License Offers: Rule 403 (Prejudice, Confusion, Waste of Time) (unaccepted license offer); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Rule 106 (Remainder/ Related Writing) Unaccepted License Offers: Rule 403 (Prejudice, Confusion, Waste of Time) (unaccepted license offer); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Rule 802 (Hearsay) (only if offered for truth of matters asserted). Plaintiff's Response Court's Ruling PX225 07/14/2004 Home & Entertainment FY 04 Actual Trend US Dollars In Thousands Div: Xbox (Moline Deposition 10/14/2007, Ex. 212) [MSANAS165869 - MSANAS165928] PX226 12/26/2002 E-mail from K. Tyler to Tom@inteclink.com encl. outline of potential agreement (Bratic Expert Report 02/11/2008) [ANS0007809 ANS0007811] PX227 01/15/2003 E-mail from K. Tyler to T. Kruszewski re: proposed agreement (W. Bratic's Expert Report 02/11/2008) [ANS0007815] PX232 02/08/2001 E-mail string from J. DeYoung re: final controllers? (Mark Baldwin, Baldwin Consulting, DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 20 Plaintiff's Trial Ex. No. 02/11/2008) [MSANAS0156437] PX235 01/08/2007 "National Television Academy Announces Emmy Winning Achievements: Honors Bestowed at 58th Annual Technology & Engineering Emmy Awards" (Mark Baldwin, Baldwin Consulting, 02/11/2008) [ANS0069316 ANS0069319] PX236 01/24/2008 Answers from Laptop Experts, "Growth of gaming in 2007 far outpaces movies, music" (Mark Baldwin, Baldwin Consulting, 02/11/2008) [No Bates] PX237 09/29/2006 Memorandum from T. Grankcom to Xenon Competitive Trends/ Information re: ImmersionSponsored Survey Highlights Force Feedback Interest (Mark Baldwin, Baldwin Consulting, 02/11/2008) [MSANAS0141891 - MSANAS0141892] PX240 01/18/2008 "Wii Continues to Lead Console Sales" by Dan Gallagher in Wall Street Journal [No Bates] Defendants' Objections Plaintiff's Response Court's Ruling 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). Rule 802 (Hearsay); Rule 901 (Authentication) Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). Rule 802 (Hearsay) PX241 01/02/2008 Declaration of Michael Thumm [ANS0068799 ANS0068800] PX242 05/21/2007 STMicroelectronics Unreliable Expert Testimony: DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 21 Plaintiff's Trial Ex. No. LIS3L02AE 3-Axis Accelerometer - MEMS Process Review [ANS0068699 ANS0068798] PX243 02/14/2006 - Analog Devices ADXL330 ThreeAxis 2 g MEMS Accelerometer Process Review [ANS0068555 ANS0068698] PX246 12/30/2005 Fax from Office of Secretary of State, State of Nevada, to Adams & Coker PC with Job Receipt and Filing Acknowledgement of Articles of Conversion [No Bates] PX247 Undated - "Extreme 6DOF Controllers The Best in 3D Image Control" [No Bates] PX249 12/30/2005 Articles of Conversion of Anascape, a Nevada Limited Partnership Into Anascape, Ltd. [No Bates] PX250 03/20/1989 TO 05/08/1992 "Inventor's Notebook" Defendants' Objections Rule 802 (Hearsay); Rule 803(6) (Record lacking trustworthiness); Rule 702 (Expert testimony); Fed. R. Civ. P. 26(a). Unreliable Expert Testimony: Rule 802 (Hearsay); Rule 803(6) (Record lacking trustworthiness); Rule 702 (Expert testimony); Fed. R. Civ. P. 26(a). Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). Plaintiff's Response Court's Ruling Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). PX252 04/14/1999 E-mail Pre-Suit Interactions: string from T. Holmdahl to S. Defs' MIL No. 5 (Pre-suit Ashmun, K. Empey, G. Bacon Interactions); Rule 403 re: Useful New Products (Prejudice, Confusion, Waste of Time). [MS-ANAS159959] PX253 04/14/1999 E-mail Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit string from G. Bacon to T. Interactions); Rule 403 Holmdahl re: Useful New Products [MS-ANAS159957- (Prejudice, Confusion, Waste of Time). MS-ANAS159958] DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 22 Plaintiff's Trial Ex. No. PX254 Undated GameInformer Magazine "World Exclusive God of War 2" [ANS0068553 ANS0068554] Defendants' Objections 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). Plaintiff's Response Court's Ruling Rule 701 (Opinion Testimony by Lay Witness). PX258 05/06/1999 E-mail Pre-Suit Interactions: string from C. Ledbetter to T. Defs' MIL No. 5 (Pre-suit Holmdahl re: Orca "Z" control Interactions); Rule 403 idea [MD-ANAS159920] (Prejudice, Confusion, Waste of Time). PX259 Sony Dual Shock Illegible Photograph. Controller PX260 Nintendo game, 1942, Undisclosed Document: Local Rule CV-26 (Not for Atari Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). PX261 Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). PX262 06/21/2002 Pre-Suit Interactions: Correspondence from K. Tyler Defs' MIL No. 5 (Pre-suit at Anascape to S. Quan at Interactions); Rule 403 Microsoft re: remaining (Prejudice, Confusion, Waste patents (and claims) on of Time). attached list of issued US patents in regards to Rule 802 (Hearsay) (only if Microsoft's X-box Console, offered for truth of matters Controllers, and Software, asserted); Rule 901 Microsoft's Sidewinder Game (Authentication). Pad Pro, Microsoft's Intellimouse Explorer and Microsoft's Trackball Explorer [MS-ANAS0019338 - MS-ANAS0019339] PX263 12/30/2005 Undisclosed Document: Local Rule CV-26 (Not Agreement of Limited Partnership of Anascape, Ltd. Disclosed During Discovery); DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 23 Plaintiff's Trial Ex. No. between B. Armstrong and The Kim Tyler and Kelly Tyler Limited Partnership, B. Armstrong and B. Carlson [No Bates] PX264 02/12/2007 Microsoft's Privilege Log, Anascape v. Microsoft & Nintendo [No Bates] PX266 Book entitled "Manual of Patent Examining Procedure" PX267 12/31/1996 United States Patent 5,589,828 (Anascape Response to Defendants' Motion for Summary Judgment re: No Willful Infringement) [NAA00014681 NAA00014700] PX268 00/00/2004 MPEG-4 Visual list of MPEG LA, LLC's MPEG-4 Visual Licenses in good standing, based on information currently available to MPEG LA, LLC [No Bates] Defendants' Objections Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Privilege Log: Defs' MIL No. 13 (Negative Inference from Privilege); Rule 403 (Prejudice, Misleading, Confusion, Waste of Time). Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Interactions: Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Defs' MIL No. 8 (Cheng Meeting). Plaintiff's Response Court's Ruling Non-Comparable Licenses: Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). Rule 403 (Prejudice, Confusion, Waste of Time). Overall and Foreign Sales/Profits: PX269 04/12/1996 Signed document "Assignment of Invention and Patent Application" [ANS0004460] PX270 01/24/2008 Consolidated Financial DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 24 Plaintiff's Trial Ex. No. Highlights of Nintendo Co., Ltd.8 [No Bates] Defendants' Objections Defs' MIL Nos. 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Plaintiff's Response Court's Ruling Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). PX271 Undated - Nintendo Privilege Log: Co., Ltd.'s Privilege Log [No Defs' MIL No. 13 (Negative Inference from Privilege); Bates] Rule 403 (Prejudice, Misleading, Confusion, Waste of Time). PX272 07/12/2007 Nintendo Privilege Log: Co., Ltd.'s Supplemental Defs' MIL No. 13 (Negative Privilege Log [No Bates] Inference from Privilege); Rule 403 (Prejudice, Misleading, Confusion, Waste of Time). PX273 12/28/2006 Rule 403 (Prejudice, Anascape, Ltd.'s Disclosure of Confusion, Waste of Time); Asserted Claims and Rule 802 (Hearsay) (only if Preliminary Infringement offered for truth of matters Contentions [No Bates] asserted) PX274 02/11/2008 Expert Expert Report: Report of Dr. R. Howe, Rule 403 (Prejudice, Examining Infringement of Confusion, Waste of Time); the '700 Patent [No Bates] Rule 802 (Hearsay) (only if offered for truth of matters asserted); Defs' Howe Daubert Motion (Dkt. # 217). PX275 03/03/2008 Rebuttal Expert Report: Expert Report of R. Howe, Rule 403 (Prejudice, Ph.D. [No Bates] Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted). DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 25 Plaintiff's Trial Ex. No. PX276 03/03/2008 Expert Rebuttal Report of M. Newman [No Bates] Defendants' Objections Plaintiff's Response Court's Ruling Expert Report: Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay). PX277 11/27/2007 Rule 106 (Remainder/ Related Defendant Microsoft's Second Writing) (some of these Supplemental Response to responses were supplemented Anascape's Interrogatory Nos. later); Rule 403 (Prejudice, 1-19 [No Bates] Confusion, Waste of Time) (at least responses 1, 2, 3, 7, 10-17) contain some material not relevant to issues at this trial that would prejudice Defendants and confuse the jury; document also contains inflammatory characterizations such as "Microsoft infringed patents"); Rule 802 (Hearsay) (only if offered against Nintendo). PX278 10/19/2007 Rule 106 (Remainder/ Related Defendant Nintendo of Writing) (some of these America, Inc.'s First responses were supplemented Supplemental Responses to later); Rule 403 (Prejudice, Plaintiff Anascape, Ltd.'s Confusion, Waste of Time) Corrected First Set of (some responses contain Interrogatories (Nos. 3, 4, 10, material not relevant to issues 13, 16 and 17) [No Bates] at this trial that would prejudice Defendants and confuse the jury; document also contains inflammatory characterizations such as "Nintendo infringed patents"); Rule 802 (Hearsay) (only if offered against Microsoft). PX279 Undated - Xbox.com, Undisclosed Document: "Discover greater precision, Local Rule CV-26 (Not comfort and control, Xbox Disclosed During Discovery); 360 ControllerTM for Rule 403 (Prejudice, Windows" [No Bates] Confusion, Waste of Time). PX280 Undated - Nintendo: Undisclosed Document: Online Store - Product Detail Local Rule CV-26 (Not (Classic Controller, Nunchuk, Disclosed During Discovery); DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 26 Plaintiff's Trial Ex. No. Wii Remote) [No Bates] Defendants' Objections Plaintiff's Response Court's Ruling Rule 403 (Prejudice, Confusion, Waste of Time). PX281 2001-2002 Manual: Undisclosed Document: Local Rule CV-26 (Not Nintendo/Gamecube Disclosed During Discovery); "Welcome to Animal Crossing" (color version) [No Rule 403 (Prejudice, Confusion, Waste of Time). Bates] PX282 00/00/2003 Manual: Undisclosed Document: Local Rule CV-26 (Not Xbox "Crimson Skies High Disclosed During Discovery); Road to Revenge" (color Rule 403 (Prejudice, version) [No Bates] Confusion, Waste of Time). PX283 00/00/2006 Manual: Undisclosed Document: Xbox 360 "Hitman Blood Local Rule CV-26 (Not Money" (color version) [No Disclosed During Discovery); Rule 403 (Prejudice, Bates] Confusion, Waste of Time). PX284 00/00/2005 Manual: Undisclosed Document: Xbox 360 "Kameo Elements Local Rule CV-26 (Not of Power" (color version) Disclosed During Discovery); Rule 403 (Prejudice, [No Bates] Confusion, Waste of Time). PX285 00/00/2001 Manual: Undisclosed Document: Nintendo/Gamecube "Blood Local Rule CV-26 (Not Omen 2, The Legacy of Kain Disclosed During Discovery); Series" (color version) [No Rule 403 (Prejudice, Confusion, Waste of Time). Bates] PX286 00/00/2006 Manual: Undisclosed Document: ActiVision (Wii) Local Rule CV-26 (Not "DreamWorks Shrek the Disclosed During Discovery); Third" (color version) [No Rule 403 (Prejudice, Confusion, Waste of Time). Bates] PX287 00/00/2006 Manual: Undisclosed Document: Nintendo (Wii) "The Legend Local Rule CV-26 (Not of Zelda Twilight Princess" Disclosed During Discovery); Rule 403 (Prejudice, (color version) [No Bates] Confusion, Waste of Time). PX313 Undated - Controller Pre-Suit Interactions: for Howard Cheng's files Defs' MIL No. 5 (Pre-suit Interactions); Rule 403 (Prejudice, Confusion, Waste of Time); Defs' MIL No. 8 (Cheng Meeting). PX314 01/31/2008 Press 3rd Party Article: DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 27 Plaintiff's Trial Ex. No. Release - U.S. Video Game and PC Games Sales Exceed $18.8 Billion [No Bates] Defendants' Objections Plaintiff's Response Court's Ruling Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 901 (Authentication). PX315 Undated - U.S. Rule 802 (Hearsay) (as to Console Market Shares underlying data not from (Units) graph [No Bates] Microsoft or Nintendo); Defs' Bratic Daubert Motion (Dkt. # 212). PX316 Undated Foreign Sales/Profits: Profitability of Microsoft's Defs' MIL 17 (Foreign Accused Products [No Bates] Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). PX317 Undated Foreign Sales/Profits: Profitability of NOA's Defs' MIL 17 (Foreign Accused Products [No Bates] Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). PX318 Undated - Microsoft Defs' Bratic Daubert Motion Damages [No Bates] (Dkt. # 212). PX319 Undated - Xbox Defs' Bratic Daubert Motion Controller S Royalty Base [No (Dkt. # 212). Bates] PX320 Undated - Xbox 360 Defs' Bratic Daubert Motion System Controllers Royalty (Dkt. # 212). Base for 2006 and 2007 [No Bates] PX321 Undated - 360 System Defs' Bratic Daubert Motion Controllers Royalty Base for (Dkt. # 212). 2006, 2007E and 2008E [No Bates] PX322 Undated - NOA Defs' Bratic Daubert Motion Damages from 7/31/2006 to (Dkt. # 212). 5/4/2008 [No Bates] PX323 Undated - NOA Defs' Bratic Daubert Motion Damages - U.S. from (Dkt. # 212). 7/31/2006 to 5/4/2008 [No Bates] PX324 Undated - NOA Defs' Bratic Daubert Motion Damages - Latin America (Dkt. # 212). from 7/31/2006 to 5/4/2008 [No Bates] DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 28 Plaintiff's Trial Ex. No. PX325 Undated - NOA Damages - Canada from 7/31/2006 to 5/4/2008 [No Bates] PX326 Undated - Estimated NOA Controllers in Canada for 4/1/2006 to 3/31/2007 [No Bates] PX327 Undated - Estimated NOA Controllers for 4/1/2007 to 3/31/2008 [No Bates] PX328 Undated - Imputed Per Unit Royalty Rate [No Bates] PX329 11/27/2007 Defendant Microsoft's Second Supplemental Response to Anascape's Interrogatory No.1[No Bates] Defendants' Objections Defs' Bratic Daubert Motion (Dkt. # 212). Defs' Bratic Daubert Motion (Dkt. # 212). Defs' Bratic Daubert Motion (Dkt. # 212). Defs' Bratic Daubert Motion (Dkt. # 212). Plaintiff's Response Court's Ruling Rule 106 (Remainder/ Related Writing) (this document is incomplete and includes partial responses to some interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) (contains some material not relevant to issues at this trial that would prejudice Defendants and confuse the jury; document also contains inflammatory characterizations such as "Microsoft infringed patents"); Rule 802 (Hearsay) (only if offered against Nintendo). PX330 11/27/2007 Rule 106 (Remainder/ Related Defendant Microsoft's Second Writing) (this document is Supplemental Response to incomplete and includes Anascape's Interrogatory No. partial responses to some 6 [No Bates] interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) (contains inflammatory characterizations such as "Microsoft infringed patents"); Rule 802 (Hearsay) (only if offered against Nintendo). DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 29 Plaintiff's Trial Ex. No. PX331 11/27/2007 Defendant Microsoft's Second Supplemental Response to Anascape's Interrogatory No. 7 [No Bates] Defendants' Objections Plaintiff's Response Court's Ruling Rule 106 (Remainder/ Related Writing) (this document is incomplete and includes partial responses to some interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) (contains some material not relevant to issues at this trial that would prejudice Defendants and confuse the jury; document also contains inflammatory characterizations such as "Microsoft infringed patents"); Rule 802 (Hearsay) (only if offered against Nintendo). PX332 11/27/2007 Rule 106 (Remainder/ Related Defendant Microsoft's Second Writing) (this document is Supplemental Response to incomplete and includes Anascape's Interrogatory No. partial responses to some 15 [No Bates] interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) (contains some material not relevant to issues at this trial that would prejudice Defendants and confuse the jury; document also contains inflammatory characterizations such as "Microsoft infringed patents"); Rule 802 (Hearsay) (only if offered against Nintendo). PX333 11/27/2007 Rule 106 (Remainder/ Related Defendant Microsoft's Second Writing) (this document is Supplemental Response to incomplete and includes Anascape's Interrogatory No. partial responses to some 22 [No Bates] interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) (contains some material not relevant to issues at this trial that would prejudice Defendants and DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 30 Plaintiff's Trial Ex. No. Defendants' Objections confuse the jury; document also contains inflammatory characterizations such as "Microsoft infringed patents"); Rule 802 (Hearsay) (only if offered against Nintendo). Rule 106 (Remainder/ Related Writing) (this document is incomplete and includes partial responses to some interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) Rule 802 (Hearsay) (only if offered against Microsoft). Rule 106 (Remainder/ Related Writing) (this document is incomplete and includes partial responses to some interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) Rule 802 (Hearsay) (only if offered against Microsoft). Rule 106 (Remainder/ Related Writing) (this document is incomplete and includes partial responses to some interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) Rule 802 (Hearsay) (only if offered against Microsoft). Rule 106 (Remainder/ Related Writing) (this document is incomplete and includes partial responses to some interrogatories); Rule 403 (Prejudice, Confusion, Waste of Time) Rule 802 (Hearsay) (only if offered against Microsoft). Overall and Foreign Plaintiff's Response Court's Ruling PX334 1/29/2007 Defendant Nintendo of America, Inc.'s Responses to Plaintiff Anascape, Ltd.'s Corrected Interrogatory No. 1 [No Bates] PX335 1/29/2007 Defendant Nintendo of America, Inc.'s Responses to Plaintiff Anascape, Ltd.'s Corrected Interrogatory No. 6 [No Bates] PX336 1/29/2007 Defendant Nintendo of America, Inc.'s Responses to Plaintiff Anascape, Ltd.'s Corrected Interrogatory No. 7 [No Bates] PX337 10/19/2007 Defendant Nintendo of America, Inc.'s First Supplemental Response to Plaintiff Anascape, Ltd's Corrected Interrogatory No. 13 [No Bates] PX338 06/30/2007 US DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 31 Plaintiff's Trial Ex. No. Securities and Exchange Commission Form 10-K Annual Report for Fiscal Year Ended 06/30/2007 (Bratic Report) [No Bates] PX339 02/2002 Article entitled Innovation and Competition in StandardBased Industries: A Historical Analysis of the U.S. Home Video Game Market (Bratic Report) [No Bates] PX340 10/06/2007 Article from Georgia Institute of Technology entitled Georgia Tech Boosts Video Gaming Industry (Bratic Report) [No Bates] PX341 06/04/2007 Article from techonline entitled Opportunities abound in nexgen gaming platforms (Bratic Report) [No Bates] Defendants' Objections Sales/Profits: Defs' MIL Nos. 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). Immersion Litigation: Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if Plaintiff's Response Court's Ruling PX342 05/00/2002 Wedbush Morgan Security, article entitled Content Is King An In-Depth Look at Interactive Entertainment Software (Bratic Report) [No Bates] PX343 03/30/2005 CNet Networks Entertainment Gamespot News: Q&A: Immersion Corp. Pres and CEO Vic Viegas (Bratic Report) [No Bates] DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 32 Plaintiff's Trial Ex. No. Defendants' Objections offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). Immersion Litigation: Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). Immersion Litigation: Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). Immersion Settlement: Defs' MIL No. 2 (MicrosoftImmersion Settlement); Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). Plaintiff's Response Court's Ruling PX344 02/22/2002 Immersion Files Suit Against Microsoft and Sony Computer Entertainment for Patent Infringement (Bratic Report) [No Bates] PX345 03/28/2005 Immersion Obtains $90.7 Million Judgment in Patent Infringement Case Against Sony (Bratic Report) [No Bates] PX346 07/28/2003 Microsoft Licenses Immersions's Haptic Patent Portfolio (Bratic Report) [No Bates] DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 33 Plaintiff's Trial Ex. No. PX347 01/00/2001 gamesinvestor Sega exits the console business: Durlacher Comment (Bratic Report) [No Bates] Defendants' Objections 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). Rule 802 (Hearsay) (only if offered for truth of matters asserted). Plaintiff's Response Court's Ruling PX348 11/12/1999 Immersion Corp. Amendment No. 5 to Form S-1 Registration Statement Under the Securities Act of 1933 (Bratic Report) [No Bates] PX354 02/28/2005 Presentation by G. Guthrie "Project Guthrie (Simple Controller) BCR" [MSANAS164901 - MSANAS164944] PX356 10/21/2004 Presentation by S. Loomis "Xbox Hardware Xenon 3P Strategy - KI Review" [MSANAS164482 - MSANAS164491] Rule 403 (Prejudice, Confusion, Waste of Time). Non-Comparable Licenses: Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Foreign Sales/Profits: Defs' MIL 17 (Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Rule 403 (Prejudice, Confusion, Waste of Time). PX358 10/29/2007 Plaintiff's Rule 30(B)(6) Deposition Notice to Defendant Microsoft Corp. on Topics 89, 11 (Harmon Deposition, 11/01/2007, Ex. 220) [No Bates] PX362 Undated GameInformer Magazine "Exclusive Mass Effect Review Inside" and "World 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 34 Plaintiff's Trial Ex. No. Exclusive Brutal Legend" [ANS0068548 ANS0068550] Defendants' Objections Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). Defs' Bratic Daubert Motion (Dkt No. 212); Rule 1006 (Improper Summaries). Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). Defs' Bratic Daubert Motion (Dkt No. 212); Rule 1006 (Improper Summaries). Undisclosed Document: Local Rule CV-26 (Not Disclosed During Discovery); Rule 403 (Prejudice, Confusion, Waste of Time). Overall and Foreign Sales/Profits: Defs' MIL Nos. 16-17 (Overall and Foreign Sales/Profits); Rule 403 (Prejudice, Confusion, Waste of Time). Pre-Suit Sales: Rule 403 (Prejudice, Confusion, Waste of Time) (as to portion of document showing pre-suit sales). Duplicate of PX 191 Immersion Settlement: Plaintiff's Response Court's Ruling PX364 Undated - Slide entitled "Reasonable Royalty Damages Due from Nintendo of America" [No Bates] PX367 Undated - Slide entitled "Reasonable Royalty Damages Due from Microsoft" [No Bates] PX369 Undated Presentation "XBox 360 Accessory Licensing" (Harmon Deposition, 11/01/2007, Ex. 235) [MSANAS169880 - MSANAS00169890] PX370 12/19/2003 Expert Report of M. Wagner, Immersion Corporation v. DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 35 Plaintiff's Trial Ex. No. Sony Computer Entertainment America, Inc. and Sony Computer Entertainment, Inc., Case No. C-02-0710 CW (WDB) U.S.D.C., N. D. of Calif., Oakland Division [IMMR-ANA-01 - IMMRANA-36] Defendants' Objections Defs' MIL No. 2 (MicrosoftImmersion Settlement); Rule 403 (Prejudice, Confusion, Waste of Time). Expert Report: Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted). Rule 702, Rule 26 (Undisclosed Testimony by Experts). Rule 403 (Prejudice, Confusion, Waste of Time); Rule 802 (Hearsay) (only if offered for truth of matters asserted). Sony-Anascape Settlement: Defs' MIL 1 (Sony-Anascape Settlement); Rule 403 (Prejudice, Confusion, Waste of Time); Rule 408 (Settlement); Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 901 (Authentication). Rule 802 (Hearsay) (only if offered for truth of matters asserted). Immersion Litigation: Rule 403 (Prejudice, Confusion, Waste of Time). Rule 802 (Hearsay) (only if offered for truth of matters asserted); Deposition not timely designated. 3rd Party Article: Plaintiff's Response Court's Ruling PX371 05/02/2000 Schedule 14A (Rule 14a-101), Information Required in Proxy Statement for Immersion Corporation; filed 06/06/2000 [No Bates] PX372 06/01/2004 Letter from B. Armstrong to K. Tyler re: transfer of B. Armstrong to the position of General Partner of AnaScape [ANS0045644] PX390 Undated - Memo from K. Lobb regarding Controller Questions [NCA00003775 NCA00003776] PX391 6/13/2003 Deposition of R. Walker taken on behalf of the Plaintiffs Immersion Corporation [MSANAS171151 - MSANAS171426] PX398 3/16/2006 DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 36 Plaintiff's Trial Ex. No. Presentation by RCB Capital Markets re: "Microsoft Corporation Battleground: Microsoft Marches On" (Bratic Report) [No Bates] Defendants' Objections Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Lay Witness); Rule 901 (Authentication). Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Improper Lay Opinion); Rule 901 (Authentication). Duplicate of PX111 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Improper Lay Opinion); Rule 901 (Authentication). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Improper Lay Opinion); Rule 901 (Authentication). Rule 403 (Prejudice, Confusion, Waste of Time). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matters asserted); Rule 602 (Lack of Personal Knowledge); Rule 701 (Opinion Testimony by Plaintiff's Response Court's Ruling PX399 11/12/2001 Presentation by HSBC re: "Nintendo, Heavenly rewards" (Bratic Report) [No Bates] PX400 09/25/2006 Presentation by ARS Technical re: "Survey says: Gamers want rumble by Jeremy Reimer" (Bratic Report) [No Bates] PX401 12/17/2007 Report by Wedbush Morgan re: "Nintendo (7974.JP / NTDOY.US) Initiating Coverage With A BUY Rating and 78,000 Price Target" (Bratic Report) [No Bates] PX403 07/26/2007 Website re: Financial Analyst Meeting 2007 by Robbie Bach (Bratic Report) [No Bates] PX404 10/04/06 Website re: Column: High-stakes competition in video game industry leaves no room for mediocrity" by Rhian Hibner (Bratic Report) [No Bates] DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS Page 37 Plaintiff's Trial Ex. No. Defendants' Objections Lay Witness); Rule 901 (Authentication). Rule 802 (Hearsay); Rule 901 (Authentication). 3rd Party Article: Rule 802 (Hearsay) (only if offered for truth of matt

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