Court rules on issues argued at pretrial conference
McKesson Information Solutions LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 11, 2006.
Robinson, J. The Court rules on bifurcated trial, in limine and discovery issues argued at the pretrial conference.
Phasing. Inequitable conduct is severed and will be heard with the validity portion of case, not yet scheduled for trial. Current jury trial will have infringement phase followed by willfulness and damages if necessary.
In limine. The history of the relationship between the parties is admissible as relevant to willfulness.
Witnesses. One witness must be made available for a three-hour deposition. Another need not appear in plaintiff’s case in chief. Defendant must make all three (30)(b)(6) witnesses on accused products available. Defendant’s fact witnesses may testify as to whether the accused products perform a stated function. Expert testimony regarding hypothetical negotiations is permitted. Testimony of plaintiff’s experts is limited due to failure to perform the requisite infringement determination to a means-plus-function claim.
Appeal of Special Master’s discovery decisions is denied.
Robinson, J. The Court rules on bifurcated trial, in limine and discovery issues argued at the pretrial conference.
Phasing. Inequitable conduct is severed and will be heard with the validity portion of case, not yet scheduled for trial. Current jury trial will have infringement phase followed by willfulness and damages if necessary.
In limine. The history of the relationship between the parties is admissible as relevant to willfulness.
Witnesses. One witness must be made available for a three-hour deposition. Another need not appear in plaintiff’s case in chief. Defendant must make all three (30)(b)(6) witnesses on accused products available. Defendant’s fact witnesses may testify as to whether the accused products perform a stated function. Expert testimony regarding hypothetical negotiations is permitted. Testimony of plaintiff’s experts is limited due to failure to perform the requisite infringement determination to a means-plus-function claim.
Appeal of Special Master’s discovery decisions is denied.
