`
`IN THE UNITED STATES DISTRICT COURT FOR
`THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CASE NO. 2:17-CV-514-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`CASE NO. 2:17-CV-515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`§§§§§§§§§
`
`§§§§§§§§§
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`HTC CORPORATION, et al.
`
`Defendant.
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS INC.
`
`Defendant.
`
`ORDER GRANTING DEFENDANT LG ELECTRONICS INC.’S
`MOTIONS IN LIMINE NOS. 1–6
`
`Before the Court are Defendant LG Electronics Inc.’s Motions In Limine Nos. 1–6. Upon
`
`consideration of the motions, the Court finds and rules as follows.
`
`I.
`
`Defendant’s Motion In Limine No. 1 To Exclude Testimony And Evidence
`
`Related to Accused Applications For Which AGIS Has Not Proffered Evidence
`
`Or Advanced Substantive Allegations of Infringement is GRANTED. IT IS
`
`HEREBY ORDERED that AGIS is precluded from presenting any testimony,
`
`evidence, or argument, or eliciting testimony, related to Google applications or
`
`the Android OS for which AGIS has not proffered evidence or substantive
`
`allegations of infringement.
`
`
`
`Case 2:17-cv-00514-JRG Document 169-13 Filed 02/13/19 Page 2 of 3 PageID #: 14986
`
`II.
`
`Defendant’s Motion In Limine No. 2 To Preclude AGIS From Introducing
`
`Argument, Testimony, Or Evidence That Actions of Third-Party LG U.S.
`
`Companies Can Be Imputed Onto LG Electronics Inc. is GRANTED. IT IS
`
`HEREBY ORDERED that AGIS is precluded from introducing any argument,
`
`testimony, or evidence that actions of non-party LG U.S. entities can be imputed
`
`onto LG Electronics Inc.
`
`III.
`
`Defendant’s Motion In Limine No. 3 To Exclude Any Reference To Overall
`
`Financial Data For LG, Google, Or Apple is GRANTED. IT IS HEREBY
`
`ORDERED that AGIS is precluded from referencing or introducing any evidence,
`
`argument, or testimony related to overall financial data, including overall
`
`revenues, profits, size or wealth, and ability to pay, for LG, Google, or Apple.
`
`IV.
`
`Defendant’s Motion In Limine No. 4 To Exclude Testimony And Evidence
`
`Related To Any Calculated Per Unit Royalty Amount for Huawei License is
`
`GRANTED. IT IS HEREBY ORDERED that AGIS is precluded from
`
`introducing any evidence, argument, or testimony, including from any of its
`
`experts, related to any license entered into by Huawei as a result of its settlement
`
`with AGIS, including any calculated per unit royalty amount for a Huawei
`
`license.
`
`V.
`
`Defendant’s Motion In Limine No. 5 To Exclude Testimony And Evidence
`
`Related To Willfulness or Notice Based On
`
`
`
`that AGIS is precluded from introducing any testimony, evidence, or argument
`
` is GRANTED. IT IS HEREBY ORDERED
`
`-2-
`
`
`
`Case 2:17-cv-00514-JRG Document 169-13 Filed 02/13/19 Page 3 of 3 PageID #: 14987
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`related to willfulness or notice based on
`
`
`
`.
`
`VI.
`
`Defendant’s Motion In Limine No. 6 To Exclude Any Mention Of No Advice of
`
`Counsel Regarding Validity Or Infringement is GRANTED. IT IS HEREBY
`
`ORDERED that AGIS is precluded from any mention of or reference to, or from
`
`eliciting testimony or introducing evidence or argument related to, no advice of
`
`counsel regarding validity or infringement on the part of LG Electronics Inc.
`
`-3-
`
`