UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
December 9, 2012
FUJITSU LIMITED, PLAINTIFF,
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: OBJECTIONS TO DEFENDANTS BELKIN AND NETGEAR'S DIRECT EXAMINATION DEMONSTRATIVES FOR DR. GREGORY LEONARD AND D-LINK'S DIRECT EXAMINATION EXHIBITS AND DEMONSTRATIVES FOR DR. RUSSELL MANGUM
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
Court's Ruling on Objections Direct Examination Slide #9
Sustained in part,
overruled in part. Fujitsu objects to Slide 9 of Dr. Leonard's direct
examination, which identifies several non-parties to this case that
NETGEAR and Belkin contend are "Unlicensed PC Card Sellers" and
"Unlicensed or Royalty Free Router/Access Point Sellers." Fujitsu
contends that this slide should be excluded for the following reasons:
(1) there has been no evidence presented during trial to establish
that these companies make or sell infringing products that would
require a license, thereby making this evidence irrelevant,
misleading, and lacking a proper foundation; and (2) displaying this
demonstrative would be improper in light of the Court's prior rulings
excluding evidence of third-party products from this case. Defendants
Belkin and NETGEAR argue that this slide lists other companies to make
the point that, because there are so many unlicensed and
non-infringing competitors, Defendants would have been less likely to
agree to a high royalty rate. Defendants contend that this slide is
directly relevant to Georgia Pacific factors 1 and 4, as well as the
bargaining positions of the parties to a hypothetical negotiation.
Defendants also note that Fujitsu's damages expert, Mr. Meyer, cited
the source document for these lists in coming up with his own
IT IS SO ORDERED.
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