HTC Motion text from Pacer posted today
posted on
Sep 27, 2013 01:39PM
NOTICE OF MOTION AND MOTION
PLEASE TAKE NOTICE that Plaintiffs HTC Corporation and HTC America, Inc.
(collectively, “HTC” or “Plaintiffs”) move, on an emergency basis, pursuant to Civil Local Rules
6-3 and 7-11, for a curative instruction based on the prejudice HTC has suffered from
Defendants’ disregard of the Court’s ruling on September 25, 2013.
This Motion is based on the Memorandum of Points and Authorities set forth below, the
occurrences at trial on September 25, 2013 and September 26, 2013, and such other matters as
may be presented at the hearing on this motion and allowed by the Court.
MEMORANDUM OF POINTS AND AUTHORITIES
On September 26, 2013, Defendants Technology Properties Ltd., Patriot Scientific
Corporation, and Alliacense Ltd. (collectively, “TPL” or “Defendants”) disregarded the Court’s
September 25, 2013 ruling to exclude Dr. Oklobozija from testifying regarding the quality of the
’336 Patent and whether all high-speed microprocessors use the clocking scheme covered by the
’336 Patent. See September 25, 2013 Trial Tr. 586:16-21 (“The Court: . . . I’m going to sustain
the objection. Let’s focus on the microprocessor that we’re here to talk about and ignore the
others. All right? So if you want to go down this road and limit yourself to that opinion, I will let
you do that, but I’m going to let them get into the ITC if you go there.”). TPL responded: “Thank
you, Your Honor. We’ll go a different direction.” Id. at 586:23-24.
The very next day, TPL displayed a slide to the jury stating “[t]he ’336 Patent is a critical
piece of the MMP Portfolio because nearly all high-speed microprocessors must use the clocking
scheme covered by the ’336 Patent.” See DDX-348. Not only is this statement untrue but it
shows a disregard for the Court’s ruling. TPL’s misrepresentation to the jury prejudices HTC and
thus the Court invited HTC to propose a curative instruction. To that end, HTC proposes the
following curative instruction for the unfair prejudice HTC has suffered:
TPL has attempted to introduce testimony that nearly all high-speed
microprocessors must use the clocking scheme covered by the ’336 Patent. TPL
has no evidence to support that testimony. You are therefore instructed to
disregard any such testimony, or any references to any such testimony, you may
have heard in this case.
Case5:08-cv-00882-PSG Document630 Filed09/27/13 Page2 of 31
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Case No. 5:08-cv-00882 PSG 2.
EMERGENCY MOTION FOR
CURATIVE INSTRUCTION
Dated: September 27, 2013 Respectfully submitted,
COOLEY LLP
HEIDI L. KEEFE
MARK R. WEINSTEIN
RONALD S. LEMIEUX
STEPHEN R. SMITH
KYLE D. CHEN
By: /s/ Kyle D. Chen
Attorneys for HTC CORPORATION and
HTC AMERICA, INC.