Mattel, Inc. v. Walking Mountain Productions

Full title: MATTEL, INC., v. WALKING MOUTAIN PRODUCTIONS, ET AL

Court: United States District Court, C.D. California

Date published: Aug 13, 2001

No. CV 99-8543-RSWL (C.D. Cal. Aug. 13, 2001)

Opinion

No. CV 99-8543-RSWL

August 13, 2001

Attorneys For Plaintiffs: Adrian Pruetz.

Attorneys For Defendants: Peter Ehasberg, Simon Frankel, Annette Hurst.

PROCEEDINGS:

RONALD S.W. LEW, United States District Judge

HRG: 1) DEFT'S MOTION TO EXCLUDE PRIVATE, UNPUBLISHED WORKS AND ALL REFERENCES THERETO IN CONNECTION WITH SUMMARY JUDGMENT MOTION AND IF NECESSARY, TRIAL;

2) DEFT'S MOTION TO EXCLUDE EXPERT REPORT AND TESTIMONY OF GREGORY BOLES, OR IN ALT FOR DAUBERT HEARING;

3) DEFT'S MOTION TO EXCLUDE TESTIMONY AND REPORTS OF CORY SCHWARTZ AND ALT REQUEST FOR DAUBERT HEARING;

4) DEFT'S MOTION TO EXCLUDE TESTIMONY AND REPORTS OF JEFFREY KINRICH, PORTIONS OF EXPERT REPORT AND TESTIMONY OF MATTHEW LYNDE, AND ALT REQUEST FOR DAUBERT HEARING;

5) DEFTS' MOTION FOR SUMMARY JUDGMENT AND ALT MOTION FOR PARTIAL SUMMARY JUDGMENT ON DAMAGES CLAIMS;

6) DEFTS' MOTION TO STRIKE PLTF'S JURY DEMAND AS TO ALL TRADEMARK, TRADE DRESS, DILUTION AND STATE LAW CLAIMS;

7) PLTF'S MOTION FOR SUMMARY JUDGMENT ON AFFIRMATIVE DEFENSES 4, 8, 10, 18, 19.

Counsel present and hearing held. Court rules as follows:

1.) The Court GRANTS in part and DENIES in part defendant's motion to exclude private, unpublished works and all references thereto in connection with summary judgment motion, and, if necessary, trial. The Court finds the videotape not relevant and deems it excluded.

2.) The Court GRANTS defendant's motion to exclude expert report and testimony of Gregory Boles, or in the alt, for Daubert hearing.

3.) The Court DENIES defendant's motion to exclude testimony Cory Schwartz and alt request for Daubert hearing.

4.) The Court DENIES defendant's motion to exclude testimony Jeffrey Kinrich, portions of expert report and testimony of alt, for Daubert hearing.

5.) The Court GRANTS defendant's motion for summary judgment and alt, motion for partial summary judgment on damages claims.

6.) The Court DENIES AS MOOT defendant's motion to exclude expert report and testimony of Gregory Boles, or in alt, for Daubert hearing.

7.) The Court DENIES AS MOOT plaintiff's motion for summary judgment on affirmative defenses 4, 8, 10, 18, 19.