`
`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 ON PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S
`MOTIONS IN LIMINE
`
`Before the Court are Plaintiff AGIS Software Development LLC’s Motions in Limine.
`
`The Court held a Pre-Trial Conference on March __, 2019. For the reasons explained at the
`
`hearing, the Court rules as follows. A party must approach the bench before introducing
`
`evidence or argument in the presence of the jury about the subject matter of a Motion in Limine
`
`that has been granted.
`
`PLAINTIFF’S MOTIONS IN LIMINE
`
`1.
`
`MOTION IN LIMINE to Preclude LG from Introducing Testimony or Evidence
`Related to AGIS’s Finances:
`
`DENIED
`
`-1-
`
`
`
`Case 2:17-cv-00514-JRG Document 224-8 Filed 02/21/19 Page 2 of 4 PageID #: 19582
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`MOTION IN LIMINE to Preclude the Use of Derogatory, Disparaging, and/or
`Pejorative References About Non-Practicing Entities Including AGIS Software
`Development LLC and AGIS, Inc.:
`
`DENIED
`
`MOTION IN LIMINE to Preclude Disparaging the United States Patent and
`Trademark Office:
`
`DENIED
`
`MOTION IN LIMINE to Preclude LG from Referencing Pending Inter Partes
`Review Proceedings or Success Rates of Such Proceedings:
`
`AGREED. Both parties shall be precluded from referencing pending inter partes review
`
`proceedings or success rates of such proceedings.
`
`MOTION IN LIMINE to Preclude LG from Introducing Evidence or Testimony
`Regarding Unrelated Litigation Including Verdicts:
`
`DENIED
`
`MOTION IN LIMINE to Preclude LG from Introducing Testimony, Evidence, or
`Argument Related to Litigation Funding:
`
`DENIED
`
`MOTION IN LIMINE to Preclude LG from Introducing Testimony, Evidence, or
`Argument Related to Potential Targets for Litigation:
`
`DENIED
`
`MOTION IN LIMINE to Preclude LG from Introducing Testimony or Evidence
`Related to AGIS’s Intellectual Property Monetization or Litigation Efforts
`Unrelated to the Current Lawsuit:
`
`-2-
`
`
`
`Case 2:17-cv-00514-JRG Document 224-8 Filed 02/21/19 Page 3 of 4 PageID #: 19583
`
`DENIED
`
`9.
`
`MOTION IN LIMINE to Preclude Any References, Evidence, Suggestion,
`Testimony, or Elicitation of Any Testimony by LG Comparing Any Accused
`Product to Any Purported Prior Art Device, a Prior Art Patent, or Any Other Prior
`Art:
`
`DENIED
`
`10. MOTION IN LIMINE to Preclude Any Reference, Evidence, Suggestion,
`Testimony, or Elicitation of Any Testimony by LG Regarding AGIS’s Election of
`Patent Claims to Streamline this Litigation:
`
`AGREED. LG Electronics Inc. shall be precluded from any reference, evidence,
`
`suggestion, testimony, or elicitation of any testimony regarding AGIS Software
`
`Development LLC’s election of patent claims to streamline this litigation, and AGIS
`
`Software Development LLC shall be precluded from any reference, evidence, suggestion,
`
`testimony, or elicitation of any testimony regarding LG Electronics Inc.’s election of
`
`prior art to streamline this litigation.
`
`11. MOTION IN LIMINE to Preclude Any Reference, Evidence, Suggestion,
`Testimony, or Elicitation of Any Testimony by LG that Plaintiff Engaged in “Forum
`Shopping” or “Litigation Abuse,” or that this District is a Popular Venue for Patent
`Holders:
`
`DENIED
`
`12. MOTION IN LIMINE to Preclude LG from Introducing Evidence of Prior Art Not
`Included in LG’s Final Election of Prior Art:
`
`DENIED
`
`-3-
`
`
`
`Case 2:17-cv-00514-JRG Document 224-8 Filed 02/21/19 Page 4 of 4 PageID #: 19584
`
`13. MOTION IN LIMINE to Preclude LG from Introducing Correspondence Related
`to Discovery Disputes
`
`AGREED. Both parties shall be precluded from introducing correspondence related to
`
`discovery disputes.
`
`14. MOTION IN LIMINE to Preclude LG Expert from Testifying Regarding Facts as
`to the FBCB2 System as Prior Art
`
`DENIED
`
`15. MOTION IN LIMINE to Exclude Testimony of LG’s Late-Disclosed Witnesses
`
`DENIED
`
`-4-
`
`
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