United States District Court, D. Delaware
LEONARD P. STARK, District Judge.
Pending before the Court are:
1. Personalized User Model, L.L.P.'s ("PUM") Motion to Exclude Portions of Dr. Edward Fox's Non-Infringement Report for Failure to Apply the Court's Claim Constructions (D.I. 555);
2. Google Inc.'s ("Google") Motion to Exclude Certain Opinions of Dr. Michael Pazzani (D.I. 552);
3. PUM's Motion in Limine to Preclude Google from Presenting Argument or Evidence that it is an Owner of the Patents-in-Suit or on other Related Legal and Equitable Issues (D.I. 588 Ex. 12);
4. PUM's Motion in Limine to Exclude Evidence of Reexamination Proceedings at Trial ( Id. at Ex. 13);
5. PUM's Motion in Limine to Preclude Google from Characterizing it as a Troll or Otherwise Presenting Derogatory Comments ( Id. at Ex. 14);
6. Google's Motion in Limine No. 1 to Preclude Evidence or Arguments on Copying or Pre-Suit Knowledge ( Id. at Ex. 15);
7. Google's Motion in Limine No. 2 to Preclude Evidence or Arguments Regarding Google's Revenues or Acquisition of Kaltix ( Id. at Ex. 16);
8. Google's Motion in Limine No. 3 to Preclude Evidence Regarding the Meaning of "Conceived" ( Id. at Ex. 17); and
9. Various miscellaneous issues raised by the parties in the Proposed Pretrial Order. ( Id. at Exs. 19-20)
The Court heard oral argument on these various motions and issues during the pretrial conference on February 26, 2014. A jury trial on infringement, invalidity, and breach of contract will begin on March 10, 2014.
After reviewing the materials submitted, and having heard argument, IT IS HEREBY ORDERED as follows:
A. PUM's Motion to Exclude Portions of Dr. Edward Fox's Non-Infringement Report for Failure to Apply the Court's Claim Constructions (D.I. 555)
PUM requests that the Court exclude portions of Dr. Fox's non-infringement report because he disregarded the Court's claim constructions. In particular, PUM argues that in offering his non-infringement opinion, Dr. Fox did not apply the Court's constructions of the terms (i) "specific" or "specific to ...