Like the expert orders, the USAA case required several pretrial rulings on dispositive issues.
It took five orders to sort out the objections to experts in this case. (More may have fallen behind the refrigerator and I’m not getting them out if they did – three is plenty).
But not the direction you’re thinking.
A partial grant of part of the partial summary judgment motions, and a partial strike of an expert report.
The question was whether the defendant’s experts could express opinions regarding noninfringing alternatives.
The issue here is whether the expert’s report would be stricken based on alleged reliance on undisclosed source code.
The court noted that neither company had any presence in California.
The court previously deferred the issue of whether to sever the counterclaim before deciding that severance was warranted.
Sounds like good advice for a teenager, but in this case it was in the form of claim constructions.
Judge Payne granted the motions, which permitted service by electronic mail and FedEx, respectively