`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`TOUCHSTREAM TECHNOLOGIES,
`INC.,
`
`Plaintiff,
`
`v.
`
`
`
`GOOGLE LLC,
`
`
`
`
`Defendant.
`
`
`
`Case No.: 6:21-cv-00569-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`OMNIBUS ORDER REGARDING PRETRIAL MOTIONS
`(DKT. NOS. 127, 129, 130, 133, 134, 135, 136)
`
`The Court, having considered the pretrial motions filed by Plaintiff Touchstream
`
`Technologies, Inc. (“Touchstream”) and Defendant Google LLC. (“Google”) (Dkt. Nos. 127, 129,
`
`130, 133, 134, 135, 136) and the parties’ arguments at the June 28, 2023 Pretrial Conference (Dkt.
`
`No. 223), rules as follows:
`
`Motion
`Touchstream's Motion for
`Summary Judgment of Validity
`Under 35 U.S.C. 101 and To
`Dispose of GTS "System"
`Theories [ECF 134]
`Google's Motion for Summary
`Judgment [ECF 130]
`
`Touchstream's Motion to
`Exclude Portions of Google's
`
`Ruling
`GRANTED as to Plaintiff’s motion for Validity Under
`35 U.S.C. 101.
`
`DENIED as to everything else.
`
`The Court construes “server system” and the “display
`device” as plain and ordinary meaning.
`
`GRANTED as to extraterritorial activity damages.
`
`DENIED as to pre and post suit willful infringement and
`permanent injunction.
`
`GRANTED as to the exclusion of the Twonky system
`because the Twonky system has “materially identical”
`disclosures as the prior art it could have relied on in the
`
`
`
`1
`
`
`
`Case 6:21-cv-00569-ADA Document 232 Filed 07/14/23 Page 2 of 2
`
`Motion
`Invalidity Contentions and
`Expert Report [ECF 136]
`
`Google's Daubert Motion to
`Exclude Certain Opinions of
`Damages Expert Mark J.
`Chandler [ECF 129]
`Touchstream's Motion to
`Exclude Expert Testimony of
`Dr. Ketan Mayer-Patel [ECF
`135]
`
`Ruling
`IPR. Dr. Meyer-Patel does not even cite the non-public
`Twonky documents for half of the claim limitations, and
`he certainly does not rely on them exclusively for any
`limitation. See Wasica Fin. GmbH v. Schrader Int’l,
`Inc., 432 F. Supp. 3d 448, 454– 55 (D. Del. 2020).
`
`DENIED AS MOOT reliance on the Boxee and Zelfy
`Peel Systems and the Schwartz declaration.
`
`DENIED. .
`
`DENIED as to the opinions on the Google TV System
`(GTS).
`
`DENIED AS MOOT with respect to the Twonky System
`and 35 U.S.C. § 101.
`
`Google's Daubert Motion to
`Exclude Certain Expert
`Opinions of Dr. Almeroth [ECF
`127]
`
`GRANTED as to any legal conclusions in Dr.
`Almeroth’s report and opinions on secondary
`considerations of non-obviousness.
`
`DENIED as to his discussion on technical direction and
`control.
`
`DENIED.
`
`Touchstream's Motion to
`Exclude Certain Opinions and
`Testimony of Google's Damages
`Expert Christopher A. Martinez
`[ECF 133]
`
`SIGNED this 14th day of July, 2023.
`
`2
`
`
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