Thank you for your posts educating this group about the tactics DM is using...

Clearly, DM wanted only Norris to testify at he Markman Hearing and no one else.

As the inventor Mr. Norris is entitled to testify about the claims he makes about his patents.

DM's listing of Mr. Maltiel as a witness to testify was a tactic to throw defense off balance. By designating their witness as a rebuttal witness to DM'S witness they are now are saddled with the burden of proving to the judge what he is going to testify about in advance of the Hearing.

By listing Mr. Maliel as his expert and getting defendants to offer Dr. Mihran as their rebuttal witness, DM has essentially boxed defense counsel in the corner and is now trying to restrict the type of testimony given by their expert in Court as follows:...

"e.Digital in its Motion to Preclude Defendants from Offering Non-Rebuttal Testimony From Their Designated Rebuttal Expert at Markman Hearing, moves the Court to preclude Defendants’ rebuttal expert from offering non-rebuttal testimony at the Markman hearing. And because e.Digital does not intend to offer any expert testimony at the Markman hearing, there is no need for the Court to hear any testimony from Defendants’ rebuttal expert."

This is a brilliant tactical move. Now Dr. Mirhan cannot say anything about what NORRIS claims or testifies to in Court as all of that will be "non-rebuttal testimony"...

And all of this is being done by a Motion In Limini...

BADA BING...

Gil...