Opinion
15-cv-10628 15-11624
09-13-2022
VERSATA SOFTWARE, INC. et al., Plaintiffs, v. FORD MOTOR COMPANY, Defendant.
ORDER RESOLVING PRE-TRIAL MOTIONS (ECF Nos. 820, 833, 860, 875, 878, 881, AND 914)
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On September 12, 2022, the Court held a hearing on several outstanding pretrial motions. For the reasons explained on the record, the motions are resolved as follows.
• The remaining portion of Versata's motion in limine to exclude evidence and argument about Versata ‘changing' its trade secret theory (ECF No. 820) that the Court previously took under advisement is GRANTED IN PART AND DENIED IN PART as follows. Ford may cross-examine Dr. Sam Malek and Seth Krauss concerning whether the trade secrets that they identify at trial are inconsistent with the trade secrets that they previously identified. Ford may also cross-examine Krauss concerning whether his apportionment analysis apportions to trade secrets that differ in any respect from the trade secrets Versata identifies at trial. With the exception of this limited crossexamination testimony, Ford shall not introduce evidence or elicit testimony at trial that Versata “changed” its trade secret misappropriation theory.
• The remaining portions of Versata's omnibus motion in limine (ECF No. 833) that the Court previously took under advisement are GRANTED IN PART AND DENIED IN PART as follows:
o Versata's motion in limine number six to exclude “[a]ny assertion by Ford that it cannot infringe Versata's asserted intellectual property merely because Ford has its own patents” is GRANTED.
o Versata's motion in limine number seven to exclude “any reference, assertion, suggestion, argument, evidence, testimony (including expert testimony), or inquiries attempting to elicit testimony about Ford patents, including any suggestion that a patent or patent application is a defense to infringement” is DENIED. Ford may introduce evidence of its patents for the purposes identified in Ford's response to Versata's omnibus motion in limine.
o Versata's motion in limine number eight to exclude from evidence “Versata's current software licenses and agreements with automotive companies other than Ford, including any negotiations related to current licenses or agreements with automotive companies other than Ford” is GRANTED.
• Ford's motion to exclude Versata's new damages expert's “lost profits” contract damages opinions (ECF No. 860) is GRANTED. The breach of contract damages opinions in Renee McMahon's July 2022 reply expert report are EXCLUDED from evidence at trial.
• Versata's motion for reconsideration (ECF No. 875) is DENIED.
• Versata's motion for a Certificate of Appealability (ECF No. 878) is DENIED.
• Ford's motion to conditionally withdraw its consent to Versata's combination trade secret theory (ECF No. 881) is TERMINATED AS MOOT.
• Versata's motion to strike Ford's supplemental brief (ECF No. 914) is GRANTED. The Court STRIKES from the record Ford's supplemental brief at docket number 903.
IT IS SO ORDERED.