Motio, Inc. v. BSP Software LLC, No. 4:2012cv00647 - Document 248 (E.D. Tex. 2016)

Court Description: MEMORANDUM OPINION AND ORDER RE 221 MOTION in Limine #1 TO EXCLUDE ARGUMENT AND EVIDENCE SUPPORTING CLAIMS OF NON-INFRINGEMENT NOT DISCLOSED IN RESPONSE TO CONTENTION INTERROGATORIES filed by Motio, Inc., 223 MOTION in Limine filed by Avnet, Inc., 222 MOTION in Limine #2 TO EXCLUDE ARGUMENT AND EVIDENCE RELATING TO DEFENDANTS PATENTS OR CO-PENDING ILLINOIS LITIGATION filed by Motio, Inc. Signed by Judge Amos L. Mazzant, III on 1/19/2016. (baf, )

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Motio, Inc. v. BSP Software LLC Doc. 248 United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION MOTIO, INC. § § § § § § § V. BSP SOFTWARE LLC, BRIGHTSTAR PARTNERS, INC., and AVNET, INC. CASE NO. 4:12-CV-647 Judge Mazzant MEMORANDUM OPINION AND ORDER Pending before the Court are Plaintiff and Defendants’ Motions in Limine (Dkts. #22123). After considering the pleadings and hearing argument at a Pre-Trial Hearing on January 14, 2016, the Court rules on the motions as follows: Plaintiff’s Motion #1 Granted. Defendants shall not argue to the jury or present evidence at trial related to noninfringement arguments that were not disclosed in response to contention interrogatories dated June 27, 2013, and March 13, 2015 (Dkt. #221, Ex. A). Plaintiff’s Motion #2, Defendants’ Motion #1 Granted. Defendants shall not argue to the jury or present evidence at trial related to any of Defendants’ patents or the pending Illinois litigation and Plaintiff shall not introduce, argue or mention at trial Plaintiff’s counterclaims in the Illinois litigation. Defendants’ Motion #2 Granted. Plaintiff shall not introduce, argue or mention at trial Avnet’s Petition for Inter Partes Review and proceedings before the Patent Trial and Appeal Board. 1 Dockets.Justia.com Defendants’ Motion #3 Granted. Plaintiff shall not introduce, argue or mention at trial testimony and argument that ICM infringes the patent-in suit. Defendants’ Motion #4 Denied. Defendants’ Motion #5 Granted. Plaintiff shall not introduce, argue or mention at trial Avnet’s size, total profits, or total revenues. Defendants’ Motion #6 Denied. Defendants’ Motion #7 Granted. Plaintiff shall not introduce, argue or mention at trial testimony by undisclosed witnesses Blackwell, Mullinax, Masson, and Adkinson. . Defendants’ Oral Amendment Granted. Plaintiff shall not introduce, argue or mention at trial the lawsuit filed by Plaintiff against BSP and individuals on January 13, 2016, in the District Court of Dallas County, Texas. SIGNED this 19th day of January, 2016. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE 2

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