`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Richmond Division
`
`-V1
`
`DEC - 8 2015
`
`CLERK. U S DISTRICT COURT
`piCi-i\;o:;i), VA
`
`SAMSUNG ELECTRONICS CO., LTD
`et al.
`
`Plaintiffs,
`
`V.
`
`Civil Action 3:14cv757
`
`NVIDIA CORPORATION,
`et al.
`
`Defendants.
`
`ORDER
`
`Having considered the Plaintiffs' MOTION IN LIMINE TO EXCLUDE
`
`OPINION TESTIMONY OF BILL GERVASI
`
`(Docket No. 328),
`
`the supporting
`
`and opposing memoranda, and the oral argument before the Court on
`
`December 1, 2015, it is hereby ordered that Plaintiffs' MOTION IN
`
`LIMINE TO EXCLUDE OPINION TESTIMONY OF BILL GERVASI
`
`(Docket No. 328)
`
`is granted in part and denied in part. Mr. Gervasi may testify as
`
`a
`
`fact witness about
`
`the terms of
`
`relevant
`
`JEDEC policies and
`
`practices and only as a fact witness, subject
`
`to NVIDIA laying a
`
`predicate foundation for his testimony. The motion is granted so that
`
`Mr. Gervasi may not
`
`testify as an expert
`
`regarding whether
`
`the
`
`Plaintiffs complied with JEDEC policies, because that testimony will
`
`not be helpful to the jury. The motion is granted as to what action
`
`JEDEC would have taken if Plaintiff had disclosed the '938 patent
`
`1
`
`
`
`Case 3:14-cv-00757-REP-DJN Document 564 Filed 12/08/15 Page 2 of 2 PageID# 35305
`
`because such testimony is speculative and not the proper subject of
`
`expert testimony.
`
`I t is so ORDERED.
`
`Richmond, Virginia
`
`Date: December ^ , 2015
`
`/s/ ML
`Robert E. Payne
`Senior United States District Judge
`
`