UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
December 2, 2012
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.
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.
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