Opinion
No. 05 CV 3449.
March 1, 2011
Memorandum and Orders II
I thought it would be helpful to memorialize some of the discussion and directives at yesterday's pretrial hearing.
Protective Order. The Joint Motion to Amend the Protective Order (Feb. 25) is granted.
Deadlines:
March 7: briefs on Lear's new enablement issue; briefs on meaning of binary code if plaintiffs decide to press the issue. Also, Lear to indicate whether it will stipulate that if a jury finds infringement of Claim 1 of the `544 patent, then Claims 2 and 4 of that patent are also infringed. Lear's answer will help me decide whether those claims need to be submitted to the jury.
March 11: narrowed witness lists and narrowed (to one binder per side) lists of exhibits; expanded fact stipulations.
March 14: motions in limine (directed to proposed witnesses as well as to exhibits; all objections to exhibits must be in form of motions in limine — no one-word objections such as "irrelevant" or "prejudicial"; all objections must be explained); briefs on admissibility of references to Lear's patent; video tutorial.
March 17: replies to motions in limine.
March 28: demonstrative exhibits. Plus I want by this date (this was not discussed at the hearing yesterday) a shortened list of questions for the jury on the verdict form.
April 1: final pretrial order and conference (10 a.m.).
Case Statements and Jury Instructions. I will draft these in the next week or so (along with jury voir dire) and submit to the parties.
Witnesses. Rhyne to testify in lieu of Cole and Stephenson. Dykema-no more than 20 minutes. Dunsmore will not testify; Japanese translator will not testify.
March 1, 2011