Another Omnibus Pretrial Order

Last week’s Sable v. Cloudflare omnibus order with pretrial rulings was so popular, let’s try another one. This week’s is in Flypsi v. Google, and includes the plaintiff going 0-5 on its SJ and expert motions, and Google topping it, going 0-8 on theirs, with one small asterisk (don’t go into Google’s total advertising revenue).

Omnibus Order on Dispositive and Daubert Motions

I guess you had to be there. I mean, literally. But here’s the box score on Judge Albright’s pretrial rulings in this case about to go to trial. Most motions to dismiss/SJ/Daubert denied (granted noninfringement of one patent), but some not, so some defenses remain for trial, and expert testimony is appropriately trimmed. A request for additional claim construction was granted in part.

Expert’s Methodology

While not opining on whether the expert’s methodology was as good as mine as set forth in this article, Judge Payne did note that it was not challenged in this case. He granted the motion only to the extent that while the expert could testify as to the underlying facts that in his opinion tend to establish knowledge or intent, he was precluded from testifying as to the knowledge or intent of the defendant for indirect infringement.