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Cassidian Communs., Inc. v. MicroData GIS, Inc.

United States District Court for the Eastern District of Texas, Marshall Division

December 3, 2013, Decided; December 3, 2013, Filed

Civil Action No. 2:12-cv-00162-JRG

Opinion

ORDER

Before the Court are the following motions: Defendants microData GIS, Inc. and Telecommunication System, Inc.'s (collectively, "Defendants") Motion to Reconsider Denial of Motion for Leave to File Motion for Summary Judgment of Invalidity (Dkt. No. 121); Plaintiff Cassidian Communications, Inc.'s ("Cassidian" or "Plaintiff") Motions in Limine (Dkt. No. 110); Defendants' Motions in Limine (Dkt. No. 111); Plaintiff's Motion to Exclude the Testimony of Defendant's Expert Dr. Alon Konchitsky (Dkt. No. 94); Plaintiff's Motion to Exclude the Testimony of Defendants' Expert Mark Gallagher (Dkt. No. 93); Defendants' Motion to Exclude Opinion of Plaintiff's Expert Walter Magnussen (Dkt. No. 89); Defendants' Motion to Exclude Certain Portions of the Expert Opinion of Plaintiff's Damages Expert Michele M. Riley (Dkt. No. 92); the Parties' Joint Exhibit List [*4]  and Outstanding Objections to Exhibits (Dkt. No. 135). The Court held pretrial hearings on November 26, 2013 and December 2, 2013. The Court then announced its rulings and reasoning into the record; such rulings are memorialized herein. Any clarification and/or modification to such motions, as stated by the Court during such hearing, fully applies to the rulings as stated below, and such rulings do not exclude any clarification and/or modification as stated in the record. The Court ORDERS as follows:

Defendants' Motion to Reconsider Denial of Motion for Leave to File Motion for Summary Judgment of Invalidity (Dkt. No. 121) is DENIED.

I. Plaintiff's Motions in Limine (Dkt. No. 110) and Defendants' Motions in Limine (Dkt. No. 111)

The Court's ruling on a motion in limine is not a definitive ruling on the admissibility of evidence. An order granting a motion in limine is an order requiring the offering party to approach the bench and seek leave from the Court prior to mentioning to the jury the matter covered by the order. Conversely, an order denying a motion does not relieve a party from making an objection at trial.

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2013 U.S. Dist. LEXIS 200892 *; 2013 WL 11322510

CASSIDIAN COMMUNICATIONS, INC., Plaintiff, v. MICRODATA GIS, INC. MICRODATA, LLC, and TELECOMMUNICATION SYSTEM, INC.

Prior History: Cassidian Communs., Inc. v. MicroDATA GIS, Inc., 2013 U.S. Dist. LEXIS 86657 (E.D. Tex., June 19, 2013)

CORE TERMS

Limine, hypothetical, negotiation, Notice