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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiff,
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`v.
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`C.A. No. 18-1519-MN
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`FINJAN, INC.,
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`RAPID7, INC., et al.,
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`SPECIAL MASTER ORDER #4
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`Rapid7’s Motion to Strike Portions of the Expert Report of Dr. Mitzenmacher (D.I. 183),
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`Defendants.
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`is GRANTED-IN-PART and DENIED-IN-PART.
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`(1)
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`Rapid7’s motion
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`to strike
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`the portions of paragraphs 552-554 of Dr.
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`Mitzenmacher’s report relating to the “Universal Translator” is GRANTED. To the extent
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`paragraphs 552-554 contain opinions unrelated to the “Universal Translator,” those opinions are
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`not stricken.
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`(2)
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`Rapid7’s motion to strike paragraphs 324-328, 352-356, 378-382, 410-414, and 424
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`of Dr. Mitzenmacher’s report, which contain doctrine of equivalents opinions as to element 1(b)
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`of the ‘154 patent, is DENIED. To the extent these paragraphs incorporate by reference doctrine
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`of equivalents opinions for element 1(d) stricken below, the opinions incorporated by reference
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`are not stricken as to element 1(b) of the ‘154 patent.
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`(3)
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`Rapid7’s motion to strike paragraphs 434-438, 449-453, 464-468, 477, 483, 546-
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`550, 564-568, 581-585, 645-649, 658-662, 670-674, 749-753, and 766-770 of Dr. Mitzenmacher’s
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`report, which contain doctrine of equivalents opinions as to element 1(d) of the ‘154 patent,
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`elements 41(c) and 41(e) of the ‘289 patent, and element 1(b) of the ‘408 patent, is GRANTED.
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`Case 1:18-cv-01519-MN Document 189 Filed 09/21/20 Page 2 of 2 PageID #: 6606
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`As discussed at the end of the September 17, 2020 videoconference hearing on this motion,
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`the Special Master is issuing this order on an expedited basis because Dr. Mitzenmacher’s
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`deposition is scheduled for Monday, September 21, 2020. The Special Master will issue a
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`memorandum opinion explaining his reasoning in due course.
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`IT IS SO ORDERED.
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`Dated: September 19, 2020
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`Special Master Chad S.C. Stover
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`2
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