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Lucent Technologies Inc. v. Gateway

January 8, 2007

LUCENT TECHNOLOGIES INC., PLAINTIFF AND COUNTERCLAIM-DEFENDANT,
v.
GATEWAY, INC. AND GATEWAY COUNTRY STORES LLC, GATEWAY COMPANIES, INC., GATEWAY MANUFACTURING LLC AND COWABUNGA ENTERPRISES, INC., DEFENDANTS AND COUNTER-CLAIMANTS,
MICROSOFT CORPORATION, INTERVENOR AND COUNTER-CLAIMANT,
MICROSOFT CORPORATION, PLAINTIFF AND COUNTERCLAIM-DEFENDANT,
v.
LUCENT TECHNOLOGIES INC., DEFENDANT AND COUNTER-CLAIMANT
LUCENT TECHNOLOGIES INC., PLAINTIFF,
v.
DELL, INC., DEFENDANT.



ORDER ON MOTIONS IN LIMINE FOR GROUP 2 TRIAL

On January 3, 2007, the Court heard motions in limine for the upcoming trial on Group 2 patents, U.S. Patent Nos. 5,341,457 ("the '457 patent") and RE 39,080 ("the '080 patent"), at issue between Lucent and Microsoft. Based on the arguments presented and the briefs submitted by the parties, the Court hereby rules on these motions as follows:

Motion No. Motion in limine Ruling

Lucent No. 1 Preclude testimony of James D. GRANTED-IN-[Docket No. 615] Johnston PART/DENIED-IN-PART;

Inventor may not testify as to any issues of invalidity.

Lucent No. 2 Preclude expert testimony of DENIED [Docket No. 616] John Rogitz on inequitable conduct, ownership, inventorship and USPTO procedures

Lucent No. 3 Preclude testimony on Lucent's DENIED [Docket No. 617] ePAC software as an embodiment

Lucent No. 4 Preclude testimony, evidence re GRANTED; Prior statements [Docket No. 618] Dolby case may be used for purposes of impeachment but no references may be made to the Dolby case, opinions, judgments thereon.

Lucent No. 5 Preclude testimony on Lucent's GRANTED [Docket No. 619] unrelated legal matters

Lucent No. 6 Preclude expert testimony of GRANTED [Docket No. 620] unsupported allegations of non-infringing alternatives

Lucent No. 7 Preclude Microsoft from GRANTED; Statements made in [Docket No. 621] presenting evidence about future reference to issues presented in trials other trials may be admissible for impeachment but no reference may be made to the future trials.

Lucent No. 8 Preclude Microsoft from GRANTED [Docket No. 622] presenting evidence and argument regarding settlement negotiations

Motion No. Motion in limine Ruling

Lucent No. 9 Preclude Microsoft from GRANTED [Docket No. 623] presenting evidence and argument regarding Lucent's market capitalization, licencing revenues or valuation

Lucent No. 10 Preclude Microsoft from GRANTED [Docket No. 624] presenting evidence not disclosed in discovery (foreign distribution of software)

Lucent No. 11 Preclude testimony of untimely DENIED; all witnesses disclosed [Docket No. 625] disclosed witnesses before close of discovery may testify; Dr. Quackenbush also may testify; Lucent may depose these witnesses as necessary before trial.

Lucent No. 12 Preclude evidence offered in DENIED [Docket No. 626] Napper's 10/23/06 supplemental expert ...


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