By means of a so-called "Daubert hearing," the district court acts as a gatekeeper, preventing opinion testimony that does not meet the requirements of qualification, reliability and fit from reaching the jury.

Defendants also represent that Mr. Kegel, the author of the reference, will testify that he last updated his website on July 17, 2 The Court of Appeals wrote under an earlier version of Rule 702, but the subsequent amendments to it were not intended to make any substantive change.

Claim 19 covers, "A non-routing tabled based computer readable medium containing instructions for controlling communications of a participant of a broadcast channel within a network, by a method comprising" several steps.

Plaintiff urges that claim 19 should read: "A computer readable medium containing instructions for controlling communications of a participant of a broadcast channel within a network, by a non-routing tabled based method comprising" several steps.

In Ricoh Co. v. Quanta Computer Inc., the Federal Circuit affirmed summary judgment for lack of "specific evidence that [Defendant] tested [the accused products] in a way that would constitute infringement."

INC., ROCKSTAR GAMES, INC., and 2K

WHEREAS, the Court, having considered both parties' submissions setting forth their respective positions concerning pre-trial deadlines in the above captioned action; IT IS HEREBY ORDERED this 2f day of-++-"~'"',.___••_""-_..,..-~- -~ 2018, that: Acceleration Bay' s proposed schedule is..aci~M-9!==•!!?.

ichard G. Andrews Honorable United St es District Judge 5850581

INC., ROCKSTAR GAMES, INC., and 2K

WHEREAS, the Court ordered the parties to file a stipulation with trial dates for C.A.

No. 16-455 (RGA (the "Take-Two Action) as well as certain due dates concerning the conclusion of expert discovery in the Take-Two Action; and WHEREAS, the parties conferred regarding scheduling in these actions; IT IS HEREBY STIPULATED AND AGREED, by the parties, subject to the approval of the Court that the trials and pre-trial conferences shall be scheduled as follows: • Pre-Trial Conference (EA Action) - February 22, 2019 @ \Q".OO A-r" • Trial (EA Action) - March 4, 2019 @ q:~ NV\ • Pre-Trial Conference (Take-Two Action) -April 26, 2019-(ifthe trial starts Ma)' 6, 2019) or May 3, 2019 (if the trial starts May 13, 2019) @ oi·,oo NY' • Trial (Take-Two Action) - May 6, 2019 or Ma:y 13, 2019 (ifthe Court is unavailable on May 6, 2019); and @ C\~-WA-1"'- The parties shall simultaneously file letters explaining their respective competing positions concerning pre-trial deadlines and briefing issues in the Take-Two Action by June 22, 2018: Event Reply Expert Reports (Take Two Action Close of expert discovery (Take-Two Action Opening summary judgment and Daubert motions (Take Two Action Oppositions to summary judgment and Daubert motions Take-Two Action Reply briefs in support of summary judgment and Daubert motions.