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Fujitsu Limited v. Belkin International

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 2, 2012

FUJITSU LIMITED,
PLAINTIFF,
v.
BELKIN INTERNATIONAL, INC.; BELKIN, INC.; D-LINK CORPORATION; D-LINK SYSTEMS, INC.; NETGEAR, INC.; ZYXEL COMMUNICATIONS CORPORATION; AND ZYXEL COMMUNICATIONS, INC., DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER RE: DISPUTED EVIDENTIARY ISSUES FOR DECEMBER 3, 2012 WITNESSES

After reviewing the parties' briefing, considering the record in the case, and balancing the considerations set forth in Federal Rule of Evidence ("FRE") 403, the Court rules on the parties' 14 objections as follows: 15

EXHIBITS Court's Ruling on Objections PTX 128, PTX 302, and DTX 833 Overruled. The parties have stipulated to the admissibility of PTX128 and DTX 833. In addition, PTX302a is based entirely on exhibits to which the parties have stipulated as admissible. Therefore, D-Link Corp.'s objection goes to weight not admissibility, and is more properly the subject of cross examination.

DTX 115 Overruled. Assuming that Defendants are able to lay a proper foundation, the Court finds this evidence to be relevant to whether a slot on a motherboard is a "slot." Further, pursuant to FRE 403, the Court finds that this evidence is more probative than prejudicial, and unlikely to mislead the jury or confuse the issues.

IT IS SO ORDERED.

20121202

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