WHEREAS, the Parties have submitted letters and a joint statement regarding suggested changes to the case schedule (D.I.
424,426,467,476), and Defendant's Daubert Motion to Exclude Expert Opinions of Dr. Nenad Medvidovic, Dr. Michael Mitzenmacher, Dr. Christine Meyer, Dr. Harry Bims, and Dr. Ricardo Valerdi (D.I.
500) which resolved the motions then pending in a related action, Acceleration Bay LLC v. Activision Blizzard Inc., No. 16-453; WHEREAS, my resolution of certain Daubert motions significantly impacted Plaintiffs damages case in the Activision Blizzard matter; WHEREAS, trial in the Activision Blizzard matter has been postponed indefinitely pending resolution of the admissibility of Plaintiff's remaining damages case; WHEREAS, Acceleration Bay's proposed damages expert's opinion is very similar to the opinion I excluded in the Activision Blizzard matter; WHEREAS, I do not intend to change my position that Plaintiffs expert's opinion based oh the Uniloc USA, Inc. v. EA, No. 6: 13-cv-00259-RWA (E.D.
Dec. 15, 2014), jury verdict is inadmissible; WHEREAS, I do not believe that issues with Plaintiffs damages case require delaying trial in this matter, but I agree that the pending damages motions should be addressed, if at all, at a later date; WHEREAS, my initial review of the briefing in this case has revealed that some of the same general summary judgment issues addressed in the Memorandum Opinion are repeated; and WHEREAS, the Parties are in a better position than the Court to determine if, and to what extent, issues resolved in the Memorandum Opinion bear on the appropriate resolution of the summary judgment motions; NOW THEREFORE this 26 day of November 2018, IT IS ORDERED that the oral argument scheduled for December 19, 2018 at 10:00 AM is rescheduled to December 20, 2018 at
499) that may bear on the summary judgment motions; IT IS ORDERED that the Parties' request that I postpone the trial in this matter is DENIED subject to my reconsideration following discussion with the Parties at the December 20, 2018 argument; and IT IS FURTHER ORDERED that, if Plaintiff intends to offer any damages theories in this case other than the ones it currently has, it needs to meet-and-confer with Defendant and file any necessary motion no later than December 7, 2018.