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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 15–542–JFB–SRF
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`C.A. No. 15–545–JFB–SRF
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`EVOLVED WIRELESS, LLC,
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`APPLE INC.,
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`EVOLVED WIRELESS, LLC,
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`SAMSUNG ELECTRONICS CO., LTD.
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`Plaintiff,
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`v.
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`Defendants.
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`PLAINTIFF EVOLVED WIRELESS, LLC’S MOTIONS IN LIMINE
`Plaintiff Evolved Wireless, LLC hereby moves the Court in the above-captioned cases
`(unless otherwise noted) to grant the following motions in limine:
`1. Motion in Limine No. 1 to Exclude Evidence and Argument Related to Sales of
`Unaccused Products or Accused Products Outside the United States;
`2. Motion in Limine No. 2 to Exclude Evidence and Argument Related to Alleged
`Royalty Stacking;
`3. Motion in Limine No. 3 to Exclude Evidence and Argument Related to
`Defendants Being “Locked-In” or to “Patent Hold-Up;”
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`Case 1:15-cv-00545-JFB-SRF Document 409 Filed 08/30/18 Page 2 of 4 PageID #: 23388
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`4. Motion in Limine No. 4 to Exclude Evidence and Argument Related to a Lump
`Sum Damages Award That Would Provide Unfettered Rights to Practice the
`Asserted Patents;
`5. Motion in Limine No. 5 to Exclude Evidence and Argument Related to a Potential
`Injunction;
`6. Motion in Limine No. 6 to Exclude Evidence and Argument Related to Patent
`Trial and Appeal Board Final Written Decisions;
`7. Motion in Limine No. 7 to Exclude Redacted Versions of any LGE/Qualcomm
`Agreements;
`8. Motion in Limine No. 8 to Exclude Evidence and Argument Related to U.S.
`Patent No. 8,219,097;
`9. Motion in Limine No. 9 to Exclude any Non-Produced Evidence and Argument
`Regarding Licenses or License Negotiations;
`10. Motion in Limine No. 10 to Exclude Evidence and Argument Related to
`Defendants’ Own Specific Patents Related to LTE Technology;
`11. Motion in Limine No. 11 to Exclude Evidence and Argument that Qualcomm Is or
`Should Be the Correct Defendant; and
`12. Motion in Limine No. 12 to Exclude Evidence and Argument Referring to
`Evolved Wireless with Pejorative, Derogative, or Negative Terms.
`Evolved Wireless, LLC additionally moves the Court, in C.A. No. 15-542 only, to grant
`the following motion in limine:
`Exclude Evidence and Argument Related to Damages Allegedly Suffered as a
`Result of Evolved Wireless’s Alleged Breach of “FRAND” Obligations.
`Evolved Wireless, LLC additionally moves the Court, in C.A. No. 15-545 only, to grant
`the following motion in limine:
`Exclude any Evidence from Fact Witnesses Regarding the Operation of
`Qualcomm’s Source Code in the LTE Chipset.
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`Case 1:15-cv-00545-JFB-SRF Document 409 Filed 08/30/18 Page 3 of 4 PageID #: 23389
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`Pursuant to the pretrial order (D.I. 399, 400) and the Court’s oral order during the August
`28, 2018 hearing, the grounds for these Motions in Limine will be set forth in Plaintiff’s opening
`briefing filed concurrently with these Motions.1
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`Dated: August 30, 2018
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`Respectfully submitted,
`FARNAN LLP
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`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market Street, 12th Floor
`Wilmington, Delaware 19801
`(302) 777–0300
`(302) 777–0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
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`Christopher K. Larus (admitted pro hac vice)
`Marla R. Butler (admitted pro hac vice)
`Ryan M. Schultz (admitted pro hac vice)
`John K. Harting (admitted pro hac vice)
`Benjamen C. Linden (admitted pro hac vice)
`Anthony F. Schlehuber (admitted pro hac vice)
`Rajin S. Olson (admitted pro hac vice)
`ROBINS KAPLAN LLP
`800 LaSalle Avenue, Suite 2800
`Minneapolis, Minnesota 55402
`Telephone: (612) 349–8500
`Facsimile: (612) 339–4181
`clarus@robinskaplan.com
`mbutler@robinskaplan.com
`rschultz@robinskaplan.com
`jharting@robinskaplan.com
`blinden@robinskaplan.com
`aschlehuber@robinskaplan.com
`rolson@robinskaplan.com
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`1 For avoidance of any confusion, pursuant to the parties’ stipulation as entered by the Court
`(D.I. 399, 400), one brief will be filed in both matters regarding Joint Motions in Limine 1-12
`and separate briefs will be filed in C.A. No. 15-542 and C.A. No. 15-545 regarding those
`motions addressed to the individual Defendants.
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`Case 1:15-cv-00545-JFB-SRF Document 409 Filed 08/30/18 Page 4 of 4 PageID #: 23390
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`Annie Huang (admitted pro hac vice)
`ROBINS KAPLAN LLP
`399 Park Avenue, Suite 3600
`New York, NY 10022
`Telephone: (212) 980-7400
`Facsimile: (212) 980-7499
`ahuang@robinskaplan.com
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`Counsel for Plaintiff Evolved Wireless, LLC
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