United States District Court, W.D. Washington, Seattle
following Minute Order is made by direction of the Court, the
Honorable Thomas S. Zilly, United States District Judge:
unopposed motion to seal brought by Brian Wright, Sound
Product Sales L.L.C., Hydro-Blok USA LLC, and Hydroblok
International, Ltd. (collectively, “Wright”),
docket no. 272, is GRANTED, and Exhibits 1-11 to the
Declaration of John Whitaker, docket nos. 274-279, shall
remain under seal.
unopposed motion to seal brought by wedi Corp.
(“wedi”), docket no. 281, is GRANTED, and
Exhibits 1-6 to the Declaration of Justin Kanter, docket no.
284, shall remain under seal.
wedi's motions in limine, docket no. 269, are GRANTED in
part, DENIED in part, and DEFERRED in part, as follows:
(a) Motion in Limine No. 1 to exclude “evidence,
argument, and suggestion concerning prior litigation
involving the parties, ” is
• DEFERRED as to the prior arbitration between wedi and
• GRANTED as to the wedi/Seattle Glass Block case;
Wright does not appear to base its abuse of process claim on
any conduct related to Case No. C18-636 TSZ; and
• DENIED in part as to the patent-related matters
litigated in this case and the consolidated case, No. C15-615
TSZ, and DEFERRED in part as to the other dismissed claims in
the present action.
With respect to the prior arbitration and the dismissed
claims other than the patent-related matters, counsel shall
be prepared to discuss at the telephonic hearing scheduled
for 10:30 a.m. on October 25, 2019, whether the parties can
agree on a statement to be read by the Court to the jury
explaining the procedural posture of this matter and telling
the jurors that they need not concern themselves with any
claims other than those remaining for trial.
(b) Motion in Limine No. 2 to exclude “damages
evidence” regarding “abuse of process
claim” is DENIED. Wright's damages relating to its
abuse of process claim are, however, limited to the aggregate
amount reflected in the billing statements marked as Exhibit
317, Ex. 9 to Whitaker Decl. (docket no. 279-4).
(c) Motion in Limine No. 3 and Motion in Limine No. 4 to
limit “damages evidence on defendants' tortious
interference claim” are GRANTED as follows:
Wright's damages associated with its tortious
interference claim shall be limited to the figures and
calculations included in Drew Voth's Report, any written
responses to discovery requests, and/or any deposition
testimony on the subject.
(d) Motion in Limine No. 5 to exclude “evidence or
statements regarding falsity of patent infringement” is
(e) Motion in Limine No. 6 to exclude “evidence,
argument, and suggestions concerning court rules, statutes,
regulations, or law” is DENIED as overbroad. The Court
will instruct the jury about the law applicable to the claims
in this matter.
(f) Motion in Limine No. 7 to exclude “defendants'
introduction of their own pleadings and briefs as substantive
evidence” is GRANTED as to all parties, none of which
may proffer as evidence a pleading or ...