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Web site 2Oracle's willfulness allegations a section three challenge that should be pertinent provided that the jury findspatent legal responsibility in stage two. As in Electric power Integrations, "the reexamination proceedings here arefar Sophisticated and have not long gone totally properly for the patentee." Id. at 689; see also 12/seven/11Supp. Joint Pretrial Meeting Stmt., Dkt. No. 644 at one 3 (PTO has presently rejected eightypercent in the asserted statements where it has issued Business steps); twelve/23/11 Joint Update on Re Assessment of 476 Patent, Dkt. No. 655. Therefore, It will be unfair if Google simply cannot counterOracle's allegations of scienter with evidence of your re assessment proceedings. See PowerIntegrations, 763 F. Supp. 2nd at 689. This is especially true in light-weight with the PTO statisticsdiscussed for the pre trial conference, which reflect that, Traditionally, statements are all canceled or atleast partly adjusted seventy seven% of some time for ex parte re examinations and 89% of enough time for interpartes re examinations. one. See Oracle Movement in Limine No. 1 at3:fourteen 25 (citing and quoting Presidio Parts Inc. v. American Technological Ceramics Corp.,No. Dist. Cal. Nov. thirteen, 2009), andDeclaration of Daniel P. Muino in Aid of Oracle The usa, Inc.'s Motions In Limine Nos. 1Through 5 ("Muino Decl."), Show A (Dkt. No. 503 one), Realtime Knowledge, LLC v. Packeteer, Inc.,No. Tex. Dec. thirty, 2009)); see also Google's Opposition to Oracle's Motion inLimine No. one at 4:19 24 (distinguishing these instances). What's more, Realtime Information and PresidioComponents will not be as on position as Electricity Integrations since they only handle unitary trials,which present a special prejudice analysis than a trifurcated demo like this a single. Presidio NFL Women's Nike Denver Broncos #18 Peyton Manning Stitched Black Anthracite Salute to Service Player Performance Hoodie Z2B8 Elements by no means specified therelevant "unfair prejudice" in any respect. Dist. LEXIS 106795. Van NestRobert A. Van Nest
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The courtroom tentatively agrees and proposes putting all these kinds of references through the Cockburn report. Because of this, the court is a great deal more inclined to grant Google most, although not all, of its requested exclusions. Many of these would simply be devastating towards the Oracle damages arguments, so Never count on Oracle to easily roll around.
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