Filed: Nov. 09, 2016
Latest Update: Nov. 09, 2016
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW , this 8th day of November, 2016, upon consideration of Sprint's Motion in Limine of Dr. Robert Akl and Motion for Summary Judgment of Non-Infringement Regarding Sprint's Non-Syniverse Messaging Servers (Doc. No. 322, filed October 12, 2016), and Comcast's Memorandum in Opposition to Sprint's Motions in Limine and for Summary Judgment (Doc. No. 328, filed October 21, 2016), for the reasons set forth in the accompanying Memorandum dated Nov
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW , this 8th day of November, 2016, upon consideration of Sprint's Motion in Limine of Dr. Robert Akl and Motion for Summary Judgment of Non-Infringement Regarding Sprint's Non-Syniverse Messaging Servers (Doc. No. 322, filed October 12, 2016), and Comcast's Memorandum in Opposition to Sprint's Motions in Limine and for Summary Judgment (Doc. No. 328, filed October 21, 2016), for the reasons set forth in the accompanying Memorandum dated Nove..
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ORDER
JAN E. DuBOIS, District Judge.
AND NOW, this 8th day of November, 2016, upon consideration of Sprint's Motion in Limine of Dr. Robert Akl and Motion for Summary Judgment of Non-Infringement Regarding Sprint's Non-Syniverse Messaging Servers (Doc. No. 322, filed October 12, 2016), and Comcast's Memorandum in Opposition to Sprint's Motions in Limine and for Summary Judgment (Doc. No. 328, filed October 21, 2016), for the reasons set forth in the accompanying Memorandum dated November 8, 2016, IT IS ORDERED, as follows:
1. Sprint's Motion in Limine of Dr. Akl is GRANTED IN PART and DENIED IN PART, as follows:
a. That part of Sprint's Motion that seeks to exclude Dr. Robert Akl's opinions that rely on Comcast's construction of the term cellular network is GRANTED;
b. That part of Sprint's Motion that seeks to exclude all of Dr. Akl's opinions as to infringement of Sprint's non-Syniverse servers is DENIED. Dr. Akl may provide opinions at trial as to infringement of Sprint's non-Syniverse servers which are not based on Comcast's rejected construction of the term cellular network and which do not contradict the Court's construction of that term;
c. The ruling on Sprint's Motion in Limine is WITHOUT PREJUDICE to Sprint's right to object at trial to any testimony or other evidence provided by Dr. Akl which does not comply with the attached Memorandum.
2. Sprint's Motion for Summary Judgment is DENIED.
