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Nuance Communications, Inc. v. International Business Machines Corporation, 16-5173. (2019)

Court: District Court, S.D. New York Number: infdco20191118c31 Visitors: 13
Filed: Nov. 14, 2019
Latest Update: Nov. 14, 2019
Summary: ORDER EDUARDO C. ROBRENO , District Judge . AND NOW, this 14th day of November, 2019, after considering the parties' deposition designations and objections, it is hereby ORDERED 1 that: 1. Nuance's objection to the Designations of the Deposition of E. Cox, on page 108, is SUSTAINED; 2. Nuance's objection to the Designations of the Deposition of E. Cox, on pages 153 through 156, is SUSTAINED; 3. Nuance's objection to the Designations of the Deposition of Devarakonda, on page
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ORDER

AND NOW, this 14th day of November, 2019, after considering the parties' deposition designations and objections, it is hereby ORDERED1 that:

1. Nuance's objection to the Designations of the Deposition of E. Cox, on page 108, is SUSTAINED; 2. Nuance's objection to the Designations of the Deposition of E. Cox, on pages 153 through 156, is SUSTAINED; 3. Nuance's objection to the Designations of the Deposition of Devarakonda, on page 153, is OVERRULED; 4. Nuance's objection to the Designations of the Deposition of Devarakonda, on pages 153 through 154, is OVERRULED; 5. Nuance's objection to the Designations of the Deposition of Devarakonda, on pages 157 through 158, is OVERRULED; 6. Nuance's objection to the Designations of the Deposition of Morello, on page 26, is SUSTAINED; 7. Nuance's objection to the Designations of the Deposition of Morello, on page 27, is SUSTAINED; 8. IBM's objection to the Designations of the Deposition of Fanty, on page 76, is OVERRULED; 9. IBM's objection to the Designations of the Deposition of Fanty, on page 77, is OVERRULED; 10. IBM's objection to the Designations of the Deposition of Fanty, on pages 117 through 118, is OVERRULED; 11. IBM's objection to the Designations of the Deposition of Fanty, on pages 122 through 123, is OVERRULED; 12. IBM's objection to the Designations of the Deposition of Fanty, on page 136, is OVERRULED; 13. IBM's objection to the Designations of the Deposition of Fanty, on pages 136 through 137, is OVERRULED; 14. IBM's objection to the Designations of the Deposition of Fanty, on pages 137 through 138, is OVERRULED; 15. IBM's objection to the Designations of the Deposition of Fanty, on page 170, is OVERRULED; 16. IBM's objection to the Designations of the Deposition of Fanty, on pages 170 through 171, is OVERRULED; 17. IBM's objection to the Designations of the Deposition of Liao, on pages 84 through 85, is OVERRULED; 18. IBM's objection to the Designations of the Deposition of Liao, on pages 85 through 86, is OVERRULED; 19. IBM's objections to the Designations of the Deposition of Liao, on page 111, are SUSTAINED; 20. IBM's objection to the Designations of the Deposition of Liao, on page 174, is OVERRULED; 21. IBM's objection to the Designations of the Deposition of Morello, on page 15, is OVERRULED; 22. IBM's objection to the Designations of the Deposition of Morello, on page 16, is OVERRULED; 23. IBM's objection to the Designations of the Deposition of Morello, on pages 16 through 17, is OVERRULED; 24. IBM's objections to the Designations of the Deposition of Morello, on page 18, are OVERRULED; 25. IBM's objection to the Designations of the Deposition of Morello, on pages 57 through 58, is OVERRULED; 26. IBM's objections to the Designations of the Deposition of Morello, on page 58, are OVERRULED; 27. IBM's objection to the Designations of the Deposition of Morello, on page 59, is SUSTAINED; 28. IBM's objections to the Designations of the Deposition of Morello, on page 94, are OVERRULED; 29. IBM's objection to the Designations of the Deposition of Morello, on pages 94 through 95, is OVERRULED; 30. IBM's objection to the Designations of the Deposition of Morello, on page 96, is OVERRULED; 31. IBM's objection to the Designations of the Deposition of Rhodin, on page 20, is OVERRULED; 32. IBM's objection to the Designations of the Deposition of Rhodin, on page 21, is OVERRULED; 33. IBM's objection to the Designations of the Deposition of Rhodin, on page 22, is OVERRULED; 34. IBM's objection to the Designations of the Deposition of Rhodin, on page 23, is OVERRULED; 35. IBM's objection to the Designations of the Deposition of Rhodin, on page 67, is OVERRULED; 36. IBM's objection to the Designations of the Deposition of Rhodin, on page 106, is OVERRULED; 37. IBM's objection to the Designations of the Deposition of Rhodin, on page 139, is OVERRULED; 38. IBM's objection to the Designations of the Deposition of Rhodin, on page 140, is OVERRULED; 39. IBM's objection to the Designations of the Deposition of Rhodin (2)2, on pages 137 through 138, is OVERRULED; 40. IBM's objection to the Designations of the Deposition of Rhodin (2), on page 139, is OVERRULED; 41. IBM's objection to the Designations of the Deposition of Rhodin (2), on page 140, is OVERRULED; 42. IBM's objection to the Designations of the Deposition of Rhodin (2), on page 168, is OVERRULED; 43. IBM's objection to the Designations of the Deposition of Rhodin (2), on page 169, is OVERRULED; 44. IBM's objection to the Designations of the Deposition of Sejnoha, on pages 96 through 97, is OVERRULED; 45. IBM's objection to the Designations of the Deposition of Sejnoha, on page 97, is SUSTAINED; 46. IBM's objection to the Designations of the Deposition of Sejnoha, on page 99, is SUSTAINED; 47. IBM's objection to the Designations of the Deposition of Sejnoha, on pages 100 through 101, is SUSTAINED; 48. IBM's objection to the Designations of the Deposition of Sejnoha, on page 111, is SUSTAINED; 49. IBM's objection to the Designations of the Deposition of Sejnoha, on page 135, is SUSTAINED; 50. IBM's objection to the Designations of the Deposition of Sejnoha, on page 141, is SUSTAINED IN PART;3 51. IBM's objection to the Designations of the Deposition of Xiang, on page 28, is OVERRULED; 52. IBM's objection to the Designations of the Deposition of Xiang, on pages 28 through 29, is OVERRULED; 53. IBM's objection to the Designations of the Deposition of Xiang, on page 30, is OVERRULED; 54. IBM's objection to the Designations of the Deposition of Xiang, on page 40, is OVERRULED; 55. IBM's objection to the Designations of the Deposition of Xiang, on pages 69 through 71, is SUSTAINED;4 56. IBM's objection to the Designations of the Deposition of Xiang, on pages 91 through 92, is SUSTAINED;5 57. IBM's objection to the Designations of the Deposition of Xiang, on page 93, is SUSTAINED IN PART;6 58. IBM's objection to the Designations of the Deposition of Xiang, on page 100, is OVERRULED; 59. IBM's objection to the Designations of the Deposition of Xiang, on page 101, is OVERRULED; 60. IBM's objection to the Designations of the Deposition of Xiang, on page 102, is SUSTAINED;7 61. IBM's objection to the Designations of the Deposition of Xiang, on page 103, is OVERRULED.

AND IT IS SO ORDERED.

EXHIBIT A

Nuance Communications Objections Deposition/Location Basis for Objection Sustained Overruled Sustained in Reason for Disposition Part/Denied in Part Cox, pg. 108 Non-Responsive/Speculation X Cox, pgs. 153-56 Hearsay X Devarakonda, pg. 153 Hearsay X Devarakonda, pgs. Hearsay 153-54 X Devarakonda, pgs. Hearsay 157-58 X Morello, pg. 26 Hearsay X Morello, pg. 27 Hearsay X International Business Machines Corporation Objections Deposition/Location Basis for Objection Sustained Overruled Sustained in Reason for Disposition Part/Denied in Part Fanty, pg. 76 Unresponsive X Fanty, pg. 77 Unresponsive X Fanty, pgs. 117-18 Relevance X Fanty, pgs. 122-23 Relevance X Fanty, pg. 136 Relevance X Fanty, pgs. 136-37 Relevance X Fanty, pgs. 137-38 Relevance X Fanty, pg. 170 Relevance X Fanty, pgs. 170-71 Relevance X Liao, pgs. 84-85 Relevance X Liao, pgs. 85-86 Relevance X Liao, pg. 111 Lack of Personal Knowledge X Liao, pg. 111 Lack of Personal Knowledge X Liao, pg. 174 Relevance X Morello, pg. 15 Outside of Scope X Morello, pg. 16 Outside of Scope X Morello, pgs. 16-17 Outside of Scope X Morello, pg. 18 Relevance X Morello, pg. 18 Relevance X Morello, pgs. 57-58 Outside of Scope X Morello, pg. 58 Outside of Scope X Morello, pg. 58 Speculation/Outside of Scope X Morello, pg. 59 Speculation/Outside of Scope X Morello, pg. 94 Outside of Scope X Morello, pg. 94 Outside of Scope X Morello, pys. 94-95 Outside of Scope X Morello, pg. 96 Outside of Scope X Rhodin, pg. 20 Relevance X Rhodin, pg. 21 Relevance X Rhodin, pg. 22 Relevance X Rhodin, pg. 23 Relevance X Rhodin, pg. 67 Relevance X Rhodin, pg. 106 Relevance X Rhodin, pg. 139 Relevance X Rhodin, pg. 140 Relevance X Rhodin (2)8, pys. Relevance X 137-38 Rhodin (2), pg. 139 Relevance X Rhodin (2), pg. 140 Relevance X Rhodin (2), pg. 168 Relevance X Rhodin (2), pg. 16 Relevance X Sejnoha, pgs. 96-97 Hearsay X Sejnoha, pg. 97 Hearsay X Sejnoha, pg. 99 Hearsay X Sejnoha, pgs. 100-01 Hearsay X Sejnoha, pg. 111 Speculation X Sejnoha, pg. 135 Hearsay X Sejnoha, pg. 141 Hearsay X State of Mind Xiang, pg. 28 Relevance/Outside of Scope X Xiang, pgs. 28-29 Relevance/Outside Scope X Xiang, pg. 30 Outside of Scope X Xiang, pg. 40 Outside of Scope X Xiang, pgs. 69-71 Relevance X No personal knowledge Xiang, pgs. 91-92 Relevance/Outside of Scope X No personal knowledge Xiang, pg. 93 Relevance/Outside of Scope X State of Mind Xiang, pg. 100 Relevance/Outside of Scope X Xiang, pg. 101 Relevance/Outside of Scope X Xiang, pg. 102 Relevance/Outside of Scope X No personal knowledge Xiang, pg. 103 Relevance/Outside of Scope X

FootNotes


1. Exhibit "A" is a chart summarizing the Court's rulings on the objections.
2. Both parties submitted the Rhodin deposition with designations. While there is some overlap between the objections indicated on each, there are some objections that appear on one but not the other. For purposes of this order, the Rhodin deposition submitted by IBM is referenced as Rhodin (2).
3. The testimony designated here will be permitted to show state of mind.
4. The testimony designated here will be excluded because the witness lacks personal knowledge.
5. The testimony designated here will be excluded because the witness lacks personal knowledge.
6. The testimony designated here will be permitted to show state of mind.
7. The testimony designated here will be excluded because the witness lacks personal knowledge.
8. Both parties submitted the Rhodin deposition with designations. While there is some overlap between the objections indicated on each, there are some objections that appear on one but not the other. For purposes of this chart, the Rhodin deposition submitted by IBM is referenced as Rhodin (2).
Source:  Leagle

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