Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Polaris PowerLED Technologies, LLC v. Samsung Electronics America, Inc.

United States District Court, E.D. Texas, Marshall Division

June 14, 2019

POLARIS POWERLED TECHNOLOGIES, LLC, Plaintiff,
v.
SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG ELECTRONICS CO., LTD., SAMSUNG DISPLAY CO., LTD., Defendants.

          MEMORANDUM OPINION AND ORDER

          RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE.

         Before the Court is Plaintiff Polaris PowerLED Technologies LLC's (“Polaris”) objection to the preadmission of exhibit DX 63, proffered by Defendants Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., and Samsung Display Co., Ltd. (collectively, “Samsung”). (See Dkt. No. 335.) Having considered the parties' arguments and for the reasons set forth herein, the Court overrules Polaris's objection and finds that DX 63 should be and hereby is PREADMITTED pursuant to Federal Rule of Evidence (“FRE”) 807.

         I. Background

         Polaris accuses Samsung of infringing U.S. Patent No. 8, 223, 117 (the “'117 Patent”). (Dkt. No. 18.) Samsung, among other defenses, asserts that the Garmin GTX327 transponder is prior art that invalidates the '117 Patent. (Dkt. No. 322, at 12.) The Garmin GTX327 is a transponder designed to be installed in aircraft that allows the aircraft to communicate with ground radar. Samsung's expert, Dr. Philip C.D. Hobbs, examined and tested a model of the GTX327 transponder to determine that, in his opinion, it renders the '117 Patent invalid. (Dkt. No. 201-3, Part XII.B.)

         Samsung seeks to establish that the particular transponder that Dr. Hobbs examined (the “Tested Device”), which was originally purchased in 2003 and sold to Dr. Hobbs in 2018, is an authentic and unaltered model of the Garmin GTX327. In support of this, Samsung seeks to preadmit DX 63, which contains pages of the maintenance records of the aircraft into which the Tested Device was installed (the “Maintenance Log”). The Maintenance Log shows the date on which the Tested Device was installed in the aircraft and the date on which it was removed, after which it was sold to Dr. Hobbs. Federal Aviation Regulations require that the Maintenance Log be accurately maintained and transferred to any subsequent purchaser of the aircraft. This particular aircraft was sold, and the Maintenance Log transferred, between the time when the Tested Device was installed and when it was removed and sold to Dr. Hobbs.

         II. Legal Standard

         In patent cases, regional circuit law is applied to evidentiary issues. VirnetX, Inc. v. Cisco Sys., Inc., 767 F.3d 1308, 1324 (Fed. Cir. 2014).

         FRE 807, the residual exception to the rule against hearsay, allows hearsay statements to be admitted, even when not specifically covered by a hearsay exception in FRE 803 or 804, if:

(1) the statement has equivalent circumstantial guarantees of trustworthiness;
(2) it is offered as evidence of a material fact;
(3) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts; and (4) admitting it will best serve the purposes of these rules and the interests of justice.

Fed. R. Evid. 807(a).

         “Although Rule 807 contemplates the consideration of multiple factors, the ‘lodestar of the residual hearsay exception analysis' is on the ‘equivalent circumstantial guarantees of trustworthiness' requirement.” United States v. Saguil, 600 Fed.Appx. 945, 946 (5th Cir. 2015) (quoting United States v. El-Mezain, 664 F.3d 467, 498 (5th Cir. 2011)). District courts have “considerable discretion” in applying the residual exception. Id. (quoting United States v. Loalza-Vasquez, 735 F.2d 153, 157 (5th Cir. 1984)).

         III. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.