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Metaswitch Networks, Ltd. v. Genband US LLC

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

March 1, 2016, Decided; March 1, 2016, Filed

Case No. 2:14-cv-744-JRG-RSP

Opinion

ORDER ON MOTIONS IN LIMINE

Before the Court are Motions in Limine filed by Plaintiff Metaswitch Networks Ltd. ("Metaswitch") (Dkt. No. 199) and by Defendant Genband US LLC ("Genband") (Dkt. No. 200). The Court held an initial pretrial conference February 22, 2016 and heard oral arguments on these motions. The parties also filed Agreed Motions in Limine (Dkt. No. 264) and two Status Updates Regarding Motions in Limine (Dkt. Nos. 271, 280) identifying additional agreements.

To the extent a motion in limine is granted, a party must approach the bench [*5]  before introducing evidence or argument about the covered subject matter.

I. MOTIONS IN LIMINE

A. Agreed Motions in Limine (Dkt. 264, 271)

The following Motions are GRANTED AS AGREED:

Agreed Motion in Limine No. 1: No party will offer evidence, opinion, or argument that relates to or invokes claim construction issues or otherwise undermines or collaterally attacks the Court's claim constructions.

Agreed Motion in Limine No. 2: No party will offer evidence, opinion, or argument that relates to rejected claim construction positions, including attorney argument during the Markman hearing.

Agreed Motion in Limine No. 3: No party will offer testimony, opinion, or argument that relates to jury consultants, shadow juries, or focus groups before or during trial.

Agreed Motion in Limine No. 4: No party will refer to objections made to the portions of deposition testimony played at trial.

Agreed Motion in Limine No. 5: No party will offer evidence or suggest that any asserted claims are indefinite under 35 U.S.C. § 112 or unpatentable under 35 U.S.C. § 101.

Agreed Motion in Limine No. 71: No party will offer criticism of the performance, reliability or credibility of the USPTO or the examiners that work at the USPTO, refer to the [*6]  existence of any "backlog" at the USPTO, refer to the issuance of "bad patents," or offer other similar evidence or remarks. A party is not precluded from introducing evidence that a particular prior art reference was or was not considered during the prosecution of an asserted patent.

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2016 U.S. Dist. LEXIS 25420 *

METASWITCH NETWORKS LTD. v. GENBAND US LLC, ET AL.

Subsequent History: Magistrate's recommendation at Metaswitch Networks Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 52373 (E.D. Tex., Mar. 3, 2016)

Motion granted by, in part Metaswitch Networks Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 28234 (E.D. Tex., Mar. 5, 2016)

Motion granted by, in part Metaswitch Networks Ltd. v. Genband US, LLC, 2016 U.S. Dist. LEXIS 28235 (E.D. Tex., Mar. 5, 2016)

Motion denied by, Motion granted by, in part Metaswitch Networks, Ltd. v. Genband Us LLC, 2016 U.S. Dist. LEXIS 28236 (E.D. Tex., Mar. 5, 2016)

Motion granted by, in part, Motion denied by, in part Metaswitch Networks Ltd. v. Genband US, LLC, 2016 U.S. Dist. LEXIS 28277 (E.D. Tex., Mar. 7, 2016)

Motion granted by, in part, Motion denied by, in part, Motion denied by Metaswitch Networks Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 28289 (E.D. Tex., Mar. 7, 2016)

Motion denied by Metaswitch Networks Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 28407 (E.D. Tex., Mar. 7, 2016)

Motion denied by, in part Metaswitch Networks Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 28910 (E.D. Tex., Mar. 7, 2016)

Motion granted by, in part, Motion denied by, in part Metaswitch Networks, Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 29048 (E.D. Tex., Mar. 8, 2016)

Summary judgment denied by Metaswitch Networks Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 31120 (E.D. Tex., Mar. 10, 2016)

Motion denied by Metaswitch Networks Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 31285 (E.D. Tex., Mar. 11, 2016)

Summary judgment denied by MetaSwitch Networks, Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 34256 (E.D. Tex., Mar. 16, 2016)

Motion denied by Metaswitch Networks Ltd. v. Genband US LLC, 2017 U.S. Dist. LEXIS 137926 (E.D. Tex., Aug. 28, 2017)

Prior History: Metaswitch Networks Ltd. v. Genband US LLC, 2016 U.S. Dist. LEXIS 48309 (E.D. Tex., Feb. 29, 2016)

CORE TERMS

motion in limine, patent, prior art, products, infringement, invalidity, parties, practicing, functionality, asserted claim, copying, predecessor, references, chart, agreement of the parties, introduce evidence, acquisitions, WITHDRAWN, opines, offer evidence, source code