`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`ORDER MEMORIALIZING RULINGS FROM
`JANUARY 3, 2019 PRETRIAL HEARING
`
`On January 3, 2019, the Court held a pretrial hearing on certain motions in the above
`
`referenced case. This Order memorializes the Court’s rulings at that hearing.
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`Defendants’ Motion for Partial Summary Judgment of Non-Infringement of the ’629 Patent
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`(Dkt. No. 205) is DENIED.
`
`Defendants’ Motion for Partial Summary Judgment of Non-Infringement of the ’517 Patent
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`(Dkt. No. 206) is DENIED.
`
`Defendants’ Motion for Partial Summary Judgment of No Willful Infringement (Dkt. No.
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`207) is GRANTED-IN-PART and DENIED-IN-PART. The Court finds that, in this case,
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`knowledge of the patent family is too attenuated to meet the threshold to give Defendants
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`reasonable notice of the Patents-in-Suit as an underpinning to a potential willfulness finding.
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`Accordingly, the Court GRANTS the Motion with regards to pre-suit willful infringement.
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`However, once the Complaint was filed, Defendants were on notice as to the specific Patents-in-
`
`Suit and the Court DENIES the Motion with regards to post-suit willful infringement.
`
`§
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`CIVIL ACTION NO. 2:17-CV-00577-JRG
`
`
`
`
`
`
`
`
`INTELLECTUAL VENTURES I LLC,
`
`
`
`v.
`
` Plaintiff
`
`,
`
` T
`
` MOBILE USA, INC., T-MOBILE US,
`INC., ERICSSON INC.,
`TELEFONAKTIEBOLAGET LM
`ERICSSON,
`
`
`
`
` De
`
`fendants.
`
`Ericsson Exhibit 1036
`Ericsson v. IV1, IPR2018-00727
`Page 1
`
`
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`Case 2:17-cv-00577-JRG Document 293 Filed 01/08/19 Page 2 of 3 PageID #: 19044
`
`Defendants’ Motion for Partial Summary Judgment of Invalidity of U.S. Patent No.
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`RE46,206 (Dkt. No. 208) is DENIED.
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`Defendants’ Motion to Strike Portions of the Validity Report of Dr. Tim A. Williams for
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`Presenting Improper Claim Construction Opinions (Dkt. No. 209) is DENIED. The Court
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`GRANTS Defendants leave to file supplemental infringement and invalidity reports responding
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`to the plain and ordinary meaning of “packet,” “packet-centric,” “reservation algorithm,” and
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`“scheduling” that were addressed in Dr. Williams’ rebuttal report. Such supplemental reports shall
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`be due on January 11, 2019. Plaintiff will be entitled to take two-hour depositions of each expert
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`providing such a report, to be completed by January 16, 2019. Any further Daubert motions or
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`Motions to Strike addressing such supplemental reports are due by the end of the day on January
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`21, 2019. Any response to such motions is due by the end of the day on January 25, 2019.
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`Defendants’ Motion for Partial Summary Judgment that Certain Disputed References are
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`Prior Art (Dkt. No. 210) is GRANTED.
`
`Defendants’ Rule 702 and Daubert Motion to Exclude Expert Opinions of Dr. Douglas A.
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`Chrissan (Dkt. No. 211) is DENIED. The Court GRANTS Plaintiff leave to file a second
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`supplemental report from Dr. Chrissan solely regarding his conclusions about the “5/6”
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`apportionment set forth in Paragraph 3 of his existing supplemental report. Such supplemental
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`report shall be due on January 11, 2019. Defendants will be entitled to take a two-hour deposition
`
`of Dr. Chrissan regarding such report, to be completed by January 16, 2019. Any further Daubert
`
`motions or Motions to Strike addressing such supplemental report are due by the end of the day
`
`on January 21, 2019. Any response to such motions is due by the end of the day on January 25,
`
`2019.
`
`
`
`2
`
`Ericsson Exhibit 1036
`Ericsson v. IV1, IPR2018-00727
`Page 2
`
`
`
`Case 2:17-cv-00577-JRG Document 293 Filed 01/08/19 Page 3 of 3 PageID #: 19045
`
`Defendants’ Rule 702 and Daubert Motion to Exclude Expert Opinions of Mr. Walter
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`Bratic (Dkt. No. 224) is DENIED.
`
`Plaintiff’s Motion to Exclude Dr. Becker’s Expert Opinions Under Daubert (Dkt. No. 225)
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`is DENIED.
`
`
`
`3
`
`Ericsson Exhibit 1036
`Ericsson v. IV1, IPR2018-00727
`Page 3
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`
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