Rockwell Automation, Inc. et al v. WAGO Corporation et al

Filing 340

ORDER on Deposition Designations by Plaintiffs Rockwell Automation Technologies, Inc., Rockwell Automation, Inc. Signed by District Judge William M. Conley on 10/3/2012. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROCKWELL AUTOMATION, INC. and
ROCKWELL AUTOMATION
TECHNOLOGIES, INC.,

v.

Plaintiffs,

ORDER
10-cv-718-wmc

WAGO CORPORATION and WAGO
KONTAKTTECHNIK GMBH & CO. KG,
Defendants.

Having reviewed plaintiffs’ deposition designations and objections thereto, the
court makes the following rulings. The approved designations may be presented to the
jury unless the witness is available to testify in person.

Plaintiffs shall remove the

following from the approved designations: (1) all objections; (2) any “strike that”
references or similar language and the preceding question; (3) any complaints about the
opposing party’s failure to timely produce documents; and (4) any document requests.

Jens Alder (August 23, 2012)
Plaintiffs’
Designations

Defendants’
Objections

Defendants’
Counterdesignations

Plaintiffs’
Counterobjections

Ruling

9:5-9
10:1-6
11:21-12:2

13:9-14:18

Omit defendants’
counterdesignations.

15:16-19

Defendants’
Counterdesignations
RELEVANCE 15:20-16:1

17:11-15

RELEVANCE

Sustained; omit
defendants’
counterdesignations.
Sustained.

18:12-18

RELEVANCE

Sustained.

18:19-19:8

RELEVANCE

Sustained.

19:9-15

RELEVANCE

Sustained.

19:22-20:2

RELEVANCE

Sustained.

20:3-20:5

RELEVANCE

Sustained.

RELEVANCE

Sustained.

RELEVANCE

Sustained as to
liability; overruled
as to damages.

FRE 408;
39:12-13
RELEVANCE
40:13-43:11

Sustained.

FRE 408;
RELEVANCE
FRE 408;
RELEVANCE
RELEVANCE

Sustained.

Plaintiffs’
Designations

Defendants’
Objections

Plaintiffs’
Counterobjections

Ruling

21:14-17
22:11-23:13
28:22-25
31:1-16

32:2-34:12
34:13-18
37:24-38:19
38:20-39:11
43:12-20
43:21-44:4
44:24-45:2
45:19-25

47:4-8;
47:13-16

Sustained as to
liability; overruled
as to damages.
Sustained as to
liability; overruled
as to damages.
Sustained as to
liability; overruled
as to damages.

RELEVANCE

49:22-24

Sustained.

RELEVANCE

2

Plaintiffs’
Designations

Defendants’
Objections

51:10-19

RELEVANCE

57:6-58:10

Plaintiffs’
Counterobjections

RELEVANCE

51:25-52:20

Defendants’
Counterdesignations

RELEVANCE

Ruling
Sustained as to
liability; overruled
as to damages.
Sustained as to
liability; overruled
as to damages.
Sustained as to
liability; overruled
as to damages.

58:23-59:2

Kurt Braun (August 28, 2012)
Plaintiffs’
Designations
4:4-15
5:11-13
11:16-12:25
14:2-16:24

17:18-20:13
20:23-21:18

22:9-23:22
25:1-26:25
27:1-13
30:14-24
30:25-31:2
31:3-32:25

Defendants’
Objections

Defendants’
Counterdesignations

Plaintiffs’
Counterobjections

Ruling

FOUNDATI
ON;
SPECULATI
ON

Sustained in part;
overruled in part;
omit 16:8-15.

FOUNDATI
ON;
SPECULATI
ON

Overruled.

RELEVANCE

Sustained in part;
overruled in part;
omit 31:3-20.

33:13-34:23
35:11-21
36:9-25
3

Plaintiffs’
Designations
37:1-17
38:19-40:25
41:1-25
42:8-15
42:19-43:15
43:23

45:13-47:7
47:18-48:25
49:1-55:5

56:25-58:20
59:5-60:12
60:22-62:13
62:17-63:3
63:4-64:5
64:6-18
65:22-67:25

Defendants’
Objections

Defendants’
Counterdesignations

Plaintiffs’
Counterobjections

Ruling

42:1-7, 16-18
INCOMPLET
E

Sustained; either
include 43:2444:2 or omit
43:23.

BEST
EVIDENCE;
FOUNDATI
ON

Sustained in part;
overruled in part;
omit 54:3-5.

BEST
EVIDENCE;
FOUNDATI
ON

Overruled.

68:1-25-74:25
75:1-10
75:11-76:25
77:1-78:2
79:1-80:25
81:1-23
82:18-83:15
84:25-88:15
88:16-89:14
90:3-17
92:1-23
97:25-98:18
99:10-105:9
105:10-106:9
4

Plaintiffs’
Designations

Defendants’
Objections

Defendants’
Counterdesignations

106:15108:19
108:24110:13
111:7-112:8

5

Plaintiffs’
Counterobjections

Ruling

Sven Hohorst (August 23, 2012)
Plaintiffs’
Designations

Defendants’
Objections

Defendants’
Counterdesignations

Plaintiffs’
Counterobjections

Ruling

10:3-9;
10:19-20
11:1-3
14:23-15:4
15:18-23
16:2-22:8

RELEVANCE

22:23-26:18
26:22-25
27:8-12

RELEVANCE
RELEVANCE
RELEVANCE

28:6-29:23

RELEVANCE

30:9-32:2

RELEVANCE

Overruled in
part; sustained in
part; omit 16:219:6. The court
will take judicial
notice of the
testimony
concerning
ownership and
organizational
structure of the
various WAGO
entities.
Sustained.
Sustained.
Sustained. The
court will take
judicial notice of
the testimony
concerning the
WAGO entity
which holds
WAGO’s patents.
Sustained. The
court will take
judicial notice of
the testimony
concerning the
WAGO entity
which holds
WAGO’s patents.
Sustained. The
6

Plaintiffs’
Designations

Defendants’
Objections

32:4-11
32:12-33:25

RELEVANCE

35:2-6

RELEVANCE

35:17-24

RELEVANCE

35:25-36:23

RELEVANCE

37:3-5

RELEVANCE

38:9-39:9

RELEVANCE;
COMPOUND

40:12:15

Plaintiffs’
Counterobjections

Ruling
court will take
judicial notice of
the testimony
concerning the
WAGO entity
which holds
WAGO’s patents.
Sustained.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.
Sustained. The
court will take
judicial notice of
WAGO’s
business units.
Sustained. The
court will take
judicial notice of
WAGO’s
business units.
Sustained. The
court will take
judicial notice of
WAGO’s
business units.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.
Sustained as to

RELEVANCE
RELEVANCE

34:2-20

Defendants’
Counterdesignations

RELEVANCE
7

Plaintiffs’
Designations

Defendants’
Objections

Defendants’
Counterdesignations

Plaintiffs’
Counterobjections

Ruling
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.

42:8-24

RELEVANCE

42:25-43:7
43:8-11
46:5-18

RELEVANCE

Sustained as to
liability;
overruled as to
damages.

50:19-23
50:24-51:5
51:6-11
52:15-53:13

RELEVANCE

Sustained as to
liability;
overruled as to
damages.

54:2-55:1
55:16-56:12
57:14-17
57:22-58:1
58:14-59:6
59:7-23
60:4-61:9
61:10-15
61:20-62:6
62:7-13
63:23-65:21
68:6-69:22
69:23-70:16
71:9-25
72:1-12
73:14-25
76:23-82:7

RELEVANCE
RELEVANCE
RELEVANCE
RELEVANCE
RELEVANCE

56:18-23
57:1-13, 19-21

59:24-60:3

Overruled.
Sustained.
Sustained.
Overruled.
Overruled.

62:12-14
RELEVANCE

Overruled.

RELEVANCE

Sustained as to
liability;
overruled as to
damages.
8

Plaintiffs’
Designations

Defendants’
Objections

82:8-84:12
85:3-22

RELEVANCE
RELEVANCE

86:3-25

RELEVANCE

87:9-91:20

RELEVANCE

91:21-98:9

RELEVANCE

98:15-100:10

RELEVANCE

100:15103:25

RELEVANCE

104:1-8

RELEVANCE

105:17107:25

Defendants’
Counterdesignations

RELEVANCE

108:1-12
108:25112:16
113:1-114:15
116:14117:25
119:25-121:8

Plaintiffs’
Counterobjections

Ruling
Sustained.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.

RELEVANCE

Sustained.

RELEVANCE
RELEVANCE

Sustained.
Sustained.

RELEVANCE

Sustained.
9

Defendants’
Counterdesignations

Plaintiffs’
Counterobjections

Plaintiffs’
Designations

Defendants’
Objections

121:23-25
122:1-7
122:17-123:1
123:15-124:6
124:10-126:2
126:10-127:3
127:10-128:2
128:17-21
129:16130:13
130:21133:24
133:25-136:9
136:19-138:1
138:14-25

RELEVANCE
RELEVANCE
RELEVANCE
RELEVANCE
RELEVANCE

Sustained.
Sustained.
Sustained.
Sustained.
Sustained.

RELEVANCE

Sustained.
Sustained.
Sustained.
Sustained.

139:1-25
140:5-14
140:15-151:6

RELEVANCE
RELEVANCE
RELEVANCE;
PRIVILEGED
RELEVANCE
RELEVANCE
RELEVANCE

151:9-154:13

RELEVANCE

Ruling

Sustained.
Sustained.
Sustained as to
liability;
overruled as to
damages.
Sustained as to
liability;
overruled as to
damages.

Entered this 3rd day of October, 2012.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

10