I/P Engine, Inc. v. AOL, Inc. et al

Filing 358

Memorandum in Support re 357 MOTION in Limine Plaintiff I/P Engines Daubert Motion, and Fourth Motion in Limine, to Exclude Lyle Ungars New Theory of Invalidity and Opinions Regarding Claim Construction filed by I/P Engine, Inc.. (Attachments: # 1 Exhibit 1 (Redacted), # 2 Exhibit 2, # 3 Proposed Order)(Sherwood, Jeffrey)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
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)
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Plaintiff,
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v.
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AOL, INC. et al.,
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Defendants.
)
__________________________________________)
I/P ENGINE, INC.,

Civ. Action No. 2:11-cv-512

[PROPOSED] ORDER GRANTING PLAINTIFF I/P ENGINE, INC.’S
DAUBERT MOTION, AND FOURTH MOTION IN LIMINE, TO
EXCLUDE LYLE UNGAR’S NEW THEORY OF INVALIDITY AND
OPINIONS REGARDING CLAIM CONSTRUCTION
This Court, having considered Plaintiff I/P Engine, Inc.’s Daubert Motion, and Fourth
Motion in Limine, to Exclude Lyle Ungar’s New Theory of Invalidity and Opinions Regarding
Claim Construction, hereby ORDERS that the motion is GRANTED as follows:
Defendants are hereby precluded from offering any evidence of, making reference to, or
making suggestion of Dr. Ungar’s late disclosed new invalidity theory based on Culliss or
offering any arguments, opinions or evidence at trial by Dr. Ungar (or any other witness)
regarding any claim constructions proposed during the Markman process that were rejected by
this Court.
So Ordered:
Dated: September __, 2012

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United States District Court
Eastern District of Virginia

DSMDB-3100671