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Dolby Laboratories Licensing Corp. v. Adobe Inc.

United States District Court, N.D. California

January 2, 2020

Dolby Laboratories Licensing Corporation, Plaintiff,
v.
Adobe Inc. f/k/a, Adobe Systems Incorporated Defendant. And Related Counterclaim

          PRETRIAL ORDER NO. 3 RE: TRIAL CONFERENCE

          YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

         Having considered the filings to date and the arguments and other submissions at the Pretrial Conference, held on December 20, 2019, for good cause shown the Court enters the following orders:

         1. Trial Date and Schedule: The trial of this matter is confirmed to proceed in Courtroom 1. Jury Selection shall begin at beginning at 9:00 a.m. on January 31, 2020. All remaining trial days shall begin at 8:30 a.m. Counsel shall arrive in court early enough to proceed each day promptly at 8:00 a.m. Trial schedule will be Monday through Thursday, from 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks. Additional time may be scheduled for matters outside the presence of the jury as necessary and determined by the Court. Sidebars are not permitted. Counsel should be prepared to anticipate issues so that they may be addressed outside of normal trial hours. In this regard, Counsel should also be prepared to reconvene with the Court after the Court's standing calendars which normally begin at 2:00 p.m.

         2. The parties shall each be afforded (6 days) twenty-seven (27) hours to present their case, including opening statements and closing arguments. The Court shall reserve one hour for plaintiff and one hour for defendant for closing arguments. The parties shall receive daily timesheets advising of the time remaining. Any concerns must be raised immediately or will be waived.

         3. The Court sets the next pre-trial conference for January 24, 2020 at 8:00 a.m. By January 15, 2020, the parties shall submit a joint list of issues to be addressed at the conference. If no such issues arise, the Court may take the conference off calendar.

         4. Standard Motions in Limine: The Court hereby orders that: (a) witnesses shall be excluded until testimony is completed; (b) there shall be no reference to or evidence presented of settlement discussions, mediation, or insurance; and (c) there shall be no reference to or evidence presented of wealth or lack thereof of any party except in the punitive damage phase of a case, to the extent it exists.

         A motion in limine refers “to any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered.” Luce v. United States, 469 U.S. 38, 40, n. 2 (1984). The Court's rulings on the motions in limine will be issued by separate order(s).

         5. Parties are ordered to admonish witnesses of the Court's rulings. Failure to comply with a ruling by the Court may result in sanctions, including without limitation the striking of the witness's entire testimony.

         6. Witnesses: The parties are limited to calling the witnesses submitted on the list filed for the Pretrial Conference. Upon a showing of good cause, including for rebuttal or impeachment purposes, additional witnesses will only be allowed by Court order.

         7. By January 15, 2020, the parties shall deliver via email a single joint list of all witnesses, attorneys, and others involved in the trial, in alphabetical order to be shown to prospective jurors during voir dire. The list shall be legible and formatted to fit on one page.

         8. Exhibits and Exhibit Lists: The parties shall file updated exhibits lists by January 15, 2020. The parties are limited to using the Exhibits submitted on those Exhibit Lists, except that any documents for which Adobe is seeking relief from the special master's order regarding attorney-client privilege and which are ultimately found non-privileged may be added to the parties' exhibit lists.[1] By January 15, 2020, the parties must each provide the Court with a flash drive containing all exhibits.

         No witness may be shown any document or other object until it has been marked for identification using an exhibit number. The parties' updated Exhibit Lists must identify those for which a stipulation of admissibility exists with an “S” in the appropriate box. Parties are ordered to meet and confer and to stipulate on non-controversial issues of admissibility. Failure to do so will result in the waste of trial time.

         Dolby's exhibit list currently contains 1785 entries. Adobe's exhibit list currently contains 1588 entries. Only a fraction of those will ever be admitted. Thus, a full paper set shall not be provided to the Court. Rather, the parties are ordered to provide a set of witness binders to the Court and to each witness, and to provide the Courtroom deputy only with the original set of exhibits being offered. They shall be placed in manila folders, labeled by Exhibit number, to be provided to the jury.

         The jury may not be shown any exhibits until admitted into evidence or stipulated by the parties as to admissibility without the express permission of the Court.

         In general, no exhibit shall be admitted at trial unless actually used. Thus, parties are not allowed to argue the relevance of a ...


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