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Personalized User Model, LLP v. Google Inc.

United States District Court, D. Delaware

March 6, 2014

PERSONALIZED USER MODEL, L.L.P., Plaintiff,
v.
GOOGLE INC., Defendant.

MEMORANDUM ORDER

LEONARD P. STARK, District Judge.

Pending before the Court are:

1. The parties' competing proposals for the order of proof at trial and how to handle the examination of witnesses (D.I. 623);
2. PUM's Motion in Limine to Preclude Google from Referring to Recent Changes in the Accused Technology (D.I. 611); and
3. PUM's Motion Regarding the Statute of Limitations Applicable to Google's Breach of Contract Defense and Related Counterclaim (D.I. 610).

I. Order of Proof (D.I. 623)

IT IS HEREBY ORDERED that the Court ADOPTS Google's proposed order of proof, as shown below and as amended, to permit each party to reply to the other side's rebuttal on any issue for which a party bears the burden of proof. Accordingly, trial will proceed in four phases, such that each party will go first and last on each issue on which that party bears the burden of proof, as follows:

Phase 1
PUM's Infringement case
Phase 2
Google's Rebuttal on Infringement
Google's Invalidity case
Google's Breach of ...

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