Inventist, Inc. v. Ninebot, Inc. et al

Filing 199

ORDER Memorializing Pretrial Conference Rulings. Signed by Judge Barbara J. Rothstein. (LH)

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The Honorable Barbara J. Rothstein

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NO. 16-cv-5688
INVENTIST, INC.,

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ORDER MEMORIALIZING
PRETRIAL CONFERENCE RULINGS

Plaintiff,
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v.
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NINEBOT, INC., et al.,
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Defendants.
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The Court held a pretrial conference on the record with counsel on July 25, 2024. The
following rulings were issued, for the reasons as stated on the record:
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Deposition Designations

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o Zhongyuan Chen – objections overruled

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o Wenyang Qiao – objections sustained

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o Lei Liu – objections overruled

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o Fuhua Chai – objections to 7:20 – 8:14 sustained; objections to 15:16 – 16:14
overruled

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o Shane Chen – 86:4 – 70:12 [sic] overruled

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o Daniel Wood – objections sustained

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o Shane Chen, May 17, 2023 – the Court reviewed this deposition post-hearing
and the objections are sustained

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ORDER MEMORIALIZING PRETRIAL CONFERENCE RULINGS
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Witnesses
o Lei Liu, Wanyang Qiao, Fuhua Chai, Zhongyuan Chen – no repetitive
witnesses allowed; pick one or two only as needed; may appear by Zoom.
No testimony shall be allowed on the subject of inventorship, which has
already been ruled on by the Court. No non-infringing substitutes having
been shown to be available for sale during the infringement period, no
testimony will be permitted on this subject.

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o Daniel Wood – objections sustained.

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o Azamad Sultanov – objections sustained

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o Document Authentication witness – should not be required; may renew
proffer of witness if needed.

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•

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Exhibits
o Plaintiffs’ exhibits objected to by Defendants:

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▪

Article exhibits P68-73 – objection sustained; may renew proffer if
expert’s basis of knowledge is questioned

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Pictures exhibits P13, 21, 39 – objections sustained

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Pleadings exhibits P20, 51 – objections sustained

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Sales information exhibits P34, 35, 65 & 74 – objections overruled

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Sales information exhibits P40, 42, 44, 46, 47 withdrawn; P45
objections overruled

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o Defendants’ exhibits objected to by Plaintiffs:

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Patent publication exhibits D1-6, D15 – objections sustained

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Physical devices D89, 91 – demonstratives; objections overruled

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Pictures/websites exhibits D7-12 – objections overruled; may use to
show different models rather than physical devices; D49 – objections
overruled

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Pictures/websites exhibits D5, D82, D83-88, D90 – objections
sustained

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ORDER MEMORIALIZING PRETRIAL CONFERENCE RULINGS
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Sales information exhibits D13, 39, 48 – the Court believes this was
not discussed. If counsel cannot come to agreement on these
exhibits, a separate conference will be scheduled to review them.

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Dealer agreements exhibits D16-38 – the Court believes this was not
discussed. If counsel cannot come to agreement on these exhibits, a
separate conference will be scheduled to review them.

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•

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Identified Issues of Law
o Non-infringing substitutes not on sale during period of infringement – since
there has been no timely evidence of availability during the relevant time
period, any proposed evidence is excluded.

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o Relevance of marking after lawsuit filed / Notice of infringement – the
parties shall file short briefs (no more than 2-3 pages) on or before Friday,
July 28, 2023, and the Court will issue a ruling.

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o Claim construction for design patents – the Court will not read a claim
construction summary to the jury; the fact finder must apply the ordinary
observer test.

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o Inventist’s lost profits claim with respect to the ‘250 utility patent – the Court
has already held that this theory may be presented to the jury. See ECF No.
154 at 24.

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o The article of manufacture that is the basis for Inventist’s claim for lost
profits includes the entire Solowheel device as discussed.

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o Disgorgement – the Court will submit the disgorgement of profits claim to
the jury and treat the disgorgement verdict as advisory.

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General Trial Details
o Trial will commence with jury selection on Monday, August 14, 2023. Sixseven jurors will be selected. The trial will be held in the Seattle courthouse
(courtroom to be determined).

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o Trial will run from 9:00 a.m. to 4:30 p.m.

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o

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All exhibits must be pre-marked and will be pre-admitted, but only those
used during the trial will be given to the jury.

o Stipulated facts will be read to the jury.

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ORDER MEMORIALIZING PRETRIAL CONFERENCE RULINGS
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o The parties shall provide two revised agreed paragraph descriptions of the
case—one for the voir dire description; the other for the empaneled jury.

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o The parties agreed that all evidence will be presented to the jury with no
bifurcation.

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DATED this 26th day of July, 2023.

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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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ORDER MEMORIALIZING PRETRIAL CONFERENCE RULINGS
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