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Prime Media Group, LLC v. Acer America Corp.

United States District Court, N.D. California, San Jose Division

January 22, 2015

PRIME MEDIA GROUP, LLC, Plaintiff,
v.
ACER AMERICA CORPORATION, Defendant.

ORDER RE PARTIES' MOTIONS IN LIMINE [Re: ECF 139-150]

BETH LABSON FREEMAN, District Judge.

This order addresses motions in limine submitted by both sides to this litigation. For the reasons explained below, the motions are decided as follows:

Counter-Defendants' Motion in Limine #1: WITHDRAWN.
Counter-Defendants' Motion in Limine #2: GRANTED.
Counter-Defendants' Motion in Limine #3: DENIED.
Counter-Defendants' Motion in Limine #4: DENIED.
Counter-Defendants' Motion in Limine #5: DENIED.
Counter-Defendants' Motion in Limine #6: GRANTED.
Counter-Defendants' Motion in Limine #7: GRANTED.
Acer America's Motion in Limine #2: DENIED.
Acer America's Motion in Limine #3: GRANTED IN PART AND DENIED IN PART.
Acer America's Motion in Limine #4: DENIED WITHOUT PREJUDICE.
Acer America's Motion in Limine #5: DENIED WITHOUT PREJUDICE.

I. LEGAL STANDARD

A. RELEVANCE

Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. FRE 401. Unless rendered inadmissible by application of another rule, relevant evidence is generally admissible. FRE 402. Irrelevant evidence is never admissible. Id. Despite the general admissibility of relevant evidence, a court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. FRE 403.

B. FOUNDATION

1. PERSONAL KNOWLEDGE

Except for expert opinions admissible under Federal Rules of Evidence 702 and 703, a witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony. FRE 602.

2. AUTHENTICATION

With the exception of self-authenticating evidence enumerated in Federal Rule of Evidence 902, before an item may be admitted into evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. FRE 901.

C. EXPERT OPINION

The admissibility of expert testimony is governed by Federal Rule of Evidence 702 and the standards articulated in Daubert v. Merrell Dow Pharmaceuticals and its progeny. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence ...

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