Phillip M. Adams & Associates, L.L.C. v. Lenovo International et al

Filing 1672

MEMORANDUM DECISION AND ORDER denying 1475 Motion in Limine No. 19 to Exclude Argument or Evidence that Plaintiff is Entitled to Damages from MSI's sales that predate June 26, 2007; denying 1481 Motion for Joinder. Signed by Judge Ted Stewart on 9/8/2010. (las)

Phillip M. Adams & Associates, L.L.C. v. Lenovo International et al

Doc. 1672

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION

PHILLIP M. ADAMS & ASSOCIATES, LLC, a Utah Limited Liability Company, Plaintiff, MEMORANDUM DECISION AND ORDER DENYING MSI'S MOTION IN LIMINE NO. 19 TO EXCLUDE ARGUMENT OR EVIDENCE THAT ADAMS IS ENTITLED TO DAMAGES FROM MSI FOR MSI'S SALES THAT PREDATE JUNE 26, 2007

vs.

W INBOND ELECTRONICS CORPORATION, ASUS COMPUTER INTERNATIONAL, MICRO-STAR INTERNATIONAL CORP., LTD, AND MSI COMPUTER CORP., et al., Defendants.

Case No. 1:05-CV-64 TS

MSI1 moves to exclude evidence and argument that Plaintiff is entitled to damages from MSI from MSI's U.S. sales that pre-date June 26, 2007 for the failure to comply with

1

MSI Computer Corporation and Micro-Star International Corporation, Ltd. 1

Dockets.Justia.com

the marking requirement of 35 U.S.C. § 287. ASUS2 joins the Motion.3 For the reasons stated in its Memorandum Decision and Order Denying Summary Judgment Limiting Damages,4 it is ORDERED that MSI's Motion in Limine No. 19 to Exclude Argument or Evidence that Plaintiff is Entitled to Damages from MSI's sales that Predate June 26, 2007, under 35 U.S.C. § 287 and FRE 402 (Docket No. 1475) is DENIED. It is further ORDERED that the Motion is also DENIED as joined by ASUS (Docket No. 1481). Therefore, the Motion for Joinder at Docket No. 1481 is MOOT. DATED September 8, 2010. BY THE COURT:

___________________________________ TED STEWART United States District Judge

2

Asustek Computer and Asus Computer Intl.

ASUS argues that the damages should be excluded if they pre-date its actual notice, which it argues was February 22, 2005, for some claims and November 2, 2006, for others. Docket No. 1481 at 2.
4

3

Docket No. 1670. 2