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Personalized Media Communs., LLC v. Zynga, Inc.

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

October 30, 2013, Decided; October 30, 2013, Filed

Case No. 2:12-CV-00068-JRG-RSP

Opinion

ORDER REGARDING MOTIONS IN LIMINE

Before the Court are Defendant's Motions in Limine (Dkt. 178) and Plaintiff's Motions in Limine (Dkt. 179). The Court rules as follows.

PMC's Motions in Limine (Dkt. 179)

A: Denied as moot. The parties have agreed in principle to a covenant not to sue.

B. Granted.

C. Granted. Equitable defenses shall be tried to the bench.

D. Granted as agreed that neither party will suggest that ownership of a patent precludes infringement of a different patent. Denied as to the parties' ability to provide general background information on their business, including a brief summary of their patents.

E. Granted. Any reference shall be only to the bench.

F. Granted as agreed.

G. CARRIED BY THE COURT

H. See the Court's Order on the Motion for Leave to File Supplemental Invalidity Contentions (Dkt. 140).

I. Granted. The Court finds that the parties shall not be permitted to introduce the admittedly flawed computer simulation — the danger of undue prejudice is extremely high, and the probative value is highly questionable due to the substantial, unanswered questions about the accuracy of the simulation.

J. [*4]  The parties agree that this motion rises and falls with motion "I", above.

K/M/N/O. The parties agree that these motions are properly grouped together. The motions are granted as to discussion of PMC's prosecution strategy, including but not limited to discussions of "submarine patents", prosecution timelines, daisy chain, or serial prosecution, etc.

The motions are denied to the limited extent that if a specific document from the prosecution history is otherwise admissible, this motion shall not govern that admissibility (the Court presumes that this will be handled at the exhibit objection stage). Additionally, the parties agree that motion "K" is denied as properly tried to the bench.

L. Granted as to the content of other patents (e.g., the claims of an unasserted patent).

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2013 U.S. Dist. LEXIS 191104 *; 2013 WL 10253110

PERSONALIZED MEDIA COMMUNICATIONS, LLC v. ZYNGA, INC.

Prior History: Personalized Media Communs. LLC v. Zynga, Inc., 2013 U.S. Dist. LEXIS 122816 (E.D. Tex., Aug. 28, 2013)

CORE TERMS

patent, Limine, pertaining, simulation, ownership, handled, moot