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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`Civil No. 19-81160-cv-Smith/Matthewman
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`Plaintiff,
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`APPLE INC.,
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`vs.
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`CORELLIUM, LLC,
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`Defendant.
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`______________________________________________/
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`ORDER GRANTING APPLE’S MOTION
`FOR LEAVE TO FILE MOTION IN LIMINE [DEs 931, 933]
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`THIS CAUSE is before the Court upon Plaintiff Apple Inc.’s (“Apple”) Motion for Leave
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`to File Motion in Limine to Preclude Corellium’s “Demonstrative” that Does Not Represent Its
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`Actual Product (“Motion”) [DE 931, 933]. The Motion was referred to the undersigned by the
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`Honorable Rodney Smith, United States District Judge. See DE 30. Defendant Corellium, LLC
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`(“Corellium”) has filed a response to the Motion [DE 936].
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`The Court held a hearing on the Motion via Zoom video teleconference (VTC) on May 28,
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`2021. The Court then required the parties to further confer on this matter, and directed that
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`Corellium show the demonstrative aid at issue to Apple and Apple’s expert in such a manner that
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`would permit Apple to understand how the demonstrative aid would work in real time in front of
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`the jury at trial. [DE 939]. The parties were further required to confer and file a joint notice. Id.
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`The Joint Notice [DE 942] was filed on June 7, 2021. This matter is now ripe for review.
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`Apple seeks leave to file a motion in limine to bar Corellium from using at trial a purported
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`demonstrative exhibit that Corellium just recently disclosed to Apple. In response, Corellium
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`Case 9:19-cv-81160-RS Document 944 Entered on FLSD Docket 06/08/2021 Page 2 of 3
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`asserts that the motion is an improper motion in limine, Apple has failed to show good cause to
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`extend the Court’s deadline to file a motion in limine, the proposed motion in limine is premature
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`outside the context of trial testimony and lacks merit on its face, and the demonstrative aid is highly
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`relevant and unfair prejudice would not substantially outweigh probative value.
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`The Court has carefully considered the parties’ arguments in their papers and at the hearing.
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`Apple has met the good cause standard under Federal Rule of Civil Procedure 6(b) to obtain leave
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`to file its motion in limine. Apple undisputedly did not know about the demonstrative aid until
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`approximately seven months after the deadline to file motions in limine. Additionally, Apple did
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`not find out additional information about the actual functionality of the demonstrative aid until the
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`week of June 1, 2021. It is the professional and ethical practice in this district for opposing counsel
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`to cooperate and show their demonstrative aids to one another sufficiently prior to the start of trial
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`to allow the Court to resolve any disputes in advance without wasting jury trial time.
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`Finally, a motion in limine is a proper vehicle for a party to seek to exclude a demonstrative
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`aid prior to trial. See Drake v. R.J. Reynolds Tobacco Co., No. 15-80021-CIV, 2015 WL 12746105,
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`at *2 (S.D. Fla. Jan. 29, 2015). The relevant law is that “[a] demonstrative exhibit, like any
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`evidence, should be excluded ‘if its probative value is substantially outweighed by the danger of
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`unfair prejudice, confusion of the issues, or misleading the jury.’” U.S. v. Calderon-Fuentes, 788
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`F. App'x 630, 636 (11th Cir. 2019) (quoting Fed. R. Evid. 403)). A party’s “right to present a
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`defense is tempered by Rule 403 and subject to the restrictions in Rule 401.” Id. (citing U.S. v.
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`Anderson, 872 F.2d 1508, 1519 (11th Cir. 1989)); see also Fed. R. Evid. 401.
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`Based on the foregoing, it is hereby ORDERED and ADJUDGED that Apple’s Motion
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`for Leave to File Motion in Limine to Preclude Corellium’s “Demonstrative” that Does Not
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`Case 9:19-cv-81160-RS Document 944 Entered on FLSD Docket 06/08/2021 Page 3 of 3
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`Represent Its Actual Product [DE 931, 933] is GRANTED. Apple shall file the motion or before
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`June 9, 2021. Corellium shall file a response on or before June 11, 2021, and Apple shall file its
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`reply on or before June 14, 2021. The Court will consider Corellium’s arguments as to the merits
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`of the motion in limine and will decide whether to set a further hearing on the motion once it is
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`fully briefed.
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`DONE and ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida,
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`this 8th day of June, 2021.
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`WILLIAM MATTHEWMAN
`United States Magistrate Judge
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`3
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