`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`
`v.
`
`GOOGLE LLC,
`
`Plaintiff,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Civil Case No. 6:21-cv-569-ADA
`
`JURY TRIAL DEMANDED
`
`ORDERS ON MOTIONS IN LIMINE
`
` The Court, having considered the Motions in Limine filed by Plaintiff Touchstream
`
`Technologies, Inc. (“Touchstream”) and Defendant Google LLC. (“Google”) (Dkt. Nos. 174, 185)
`
`and the parties’ arguments at the June 28, 2023 Pretrial Conference, rules as follows:
`
`Touchstream Technologies, Inc.’s Motions in Limine:
`No. Touchstream’s Motion in
`Limine
`To Exclude SMR Agreement And
`1
`Related Opinions And Testimony DENIED.
`To Exclude Evidence And
`Testimony Regarding Usage
`Spreadsheets
`To Exclude Evidence And
`Testimony Regarding Cherry-
`Picked Google License
`Agreements
`
`The Court’s Order
`
`DENIED.
`
`DENIED.
`
`2
`
`3
`
`4
`
`5
`
`To Exclude Inter Partes Review
`(IPRs) and PTAB Proceedings
`
`To Exclude Argument that
`Touchstream is an Non-Practicing
`Entity or “Patent Troll.”
`
`GRANTED. But, parties are allowed to use
`testimony to impeach any witness who testified
`during IPR, as long as testimony is referenced in
`trial as sworn testimony. Further, the Court will
`consider IPR evidence in its consideration of
`willfulness after trial. See PTC Tr. at 136:10-22.
`DENIED. But will exclude if either side uses
`corporate status as prerogative. See PTC Tr. at
`137:2-18.
`
`
`
`7
`
`8
`
`9
`
`No. Touchstream’s Motion in
`Limine
`To Exclude Testimony or
`6
`Declarations from Mr. Levai.
`To Exclude Arguments or
`Evidence of Touchstream’s
`Alleged Delay in Filing Suit
`To Exclude Arguments or
`Evidence of Touchstream’s Not
`Offering a Physical Product
`To Exclude Arguments of Legally
`Erroneous Non-Infringing
`Alternatives
`To Exclude Evidence and
`Testimony Related to Prior Art
`References That Google Failed to
`Disclose in it Final Invalidity
`Contentions and for Which
`Google Cannot Provide Adequate
`Foundation.
`
`Case 6:21-cv-00569-ADA Document 233 Filed 07/14/23 Page 2 of 3
`
`The Court’s Order
`
`DENIED.
`
`DEFFERED. Approach bench before getting into
`that issue/content. See PTC Tr. at 138:18-139:1.
`DENIED. Parties are still allowed to object if
`references are used in a prejudicial way. See PTC
`Tr. at 140:1-142:9.
`
`DENIED.
`
`DENIED.
`
`10
`
`Google LLC’s Motions in Limine:
`
`No. Google’s Motion in Limine
`1 Exclude reference to Google’s overall
`size, wealth, profits, or revenue
`
`The Court’s Order
`DENIED, but will exclude if either side uses
`corporate status as prerogative. See PTC Tr. at
`137:2-18.
`
`2
`
`Exclude the unsupported opinion of
`Mr. Chandler concerning ad revenue
`and Google’s business model
`Exclude reference that any
`Touchstream product practiced the
`Asserted Patents and any alleged
`industry praise, including the
`untimely and unqualified opinion of
`Mr. Strober that Touchstream
`products embodied the patents
`4 Exclude reference to non-US use,
`activity, or sale revenue
`
`3
`
`DENIED.
`
`GRANTED.
`
`MOOT.
`
`2
`
`
`
`Case 6:21-cv-00569-ADA Document 233 Filed 07/14/23 Page 3 of 3
`
`The Court’s Order
`
`GRANTED, except expert discussion of other
`litigation. See PTC Tr. at 150:16-151:4.
`
`GRANTED, except to the discussion in expert
`reports. See PTC Tr. at 151:6-18; 153:10-23.
`
`GRANTED, except to the extent any expert needs
`to prove infringement. See PTC Tr. at 151:19-
`152:3.
`
`GRANTED.
`
`GRANTED. See PTC Tr. at 152:8-153:3.
`
`7
`
`8
`
`5
`
`6
`
`No. Google’s Motion in Limine
`Exclude any reference, suggestion, or
`argument regarding the fact,
`settlement, outcome of or verdict or
`result in any other litigation, legal
`proceeding, regulatory, governmental,
`or other investigation involving the
`other party
`Exclude any reference of Google
`being a “monopoly,” “monopolist,”
`“anti-competitive” or other such
`pejorative terms, or that Google is
`repeatedly accused of IP
`infringement, does not respect IP
`rights, or other such matters
`Exclude any reference concerning
`Google’s practices with respect to
`data collection, privacy, or
`information security
`Exclude any reference about alleged
`deficiencies in or the conduct of
`discovery in this case
`9 Exclude any reference relating to data
`retention policy and practices
`
`SIGNED this 14th day of July, 2023.
`
`3
`
`
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