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Carl Zeiss Vision International GMBH v. Signet Armorlite

May 10, 2010

CARL ZEISS VISION INTERNATIONAL GMBH AND CARL ZEISS VISION INC., PLAINTIFFS,
v.
SIGNET ARMORLITE, INC., DEFENDANT.



The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER ON MOTIONS IN LIMINE AND ALL RELATED COUNTERCLAIMS.

The parties' motions in limine came on for hearing on May 7, 2010. Eric Weisblatt, Susan Yohe and Samuel Braver appeared and argued on behalf of Plaintiff, and Richard Schnurr, Brian Lum, John Wynne, Kevin Wheeler and Douglas Lytle appeared and argued on behalf of Defendant. After thoroughly reviewing the parties' briefs and hearing oral argument, the Court issues the following rulings:

1. Plaintiff's motion in limine number 1 is granted in part and denied in part. Specifically, the motion is granted as to factual findings of the European Patent Office, and denied as to admissions fairly attributable to Plaintiff.

2. Plaintiff's motion in limine number 2 is denied.

3. Plaintiff's motion in limine number 3 is denied.

4. Plaintiff's motion in limine number 4 is denied.

5. Plaintiff's motion in limine number 5 is denied.

6. Plaintiff's motion in limine number 6 is granted in part and denied in part. Specifically, the motion is granted as to factual findings of the arbitration proceedings, and denied as to admissions fairly attributable to Plaintiff.

7. Plaintiff's motion in limine number 7 is granted in part and denied in part. Specifically, the motion is granted as to discovery orders, and denied as to the orders on standing. In addition, the Court reminds counsel that settlement discussions are inadmissible pursuant to Federal Rule of Evidence 408.

8. Plaintiff's motion in limine number 8 is denied.

9. Plaintiff's motion in limine number 9 is denied.

10. Plaintiff's motion in limine number 10 is denied.

11. Plaintiff's motion in limine number 11 is denied.

12. Defendant's motion in limine to exclude Zeiss's expert witnesses testimony based upon late-produced documents, documents/issues previously excluded by the Court or matters beyond the scope of their expert reports is denied. Signet's experts may opine on the recently identified patents, and they may be examined ...


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