Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:03-cv-02579-RPM

Document 179

Filed 04/21/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02579-RPM NATIONAL OILWELL VARCO, L.P., Plaintiff, v. PASON SYSTEMS USA CORP., Defendant.

PLAINTIFF'S SUPPLEMENTAL OBJECTIONS TO DEFENDANT'S EXHIBITS AND WITHDRAWAL OF FOUR OF PLAINTIFF'S EXHIBITS
Plaintiff National Oilwell Varco, L.P. ("Varco") respectfully supplements Plaintiff's previously filed Objections to Defendant's Exhibits (Document # 176) with the following additional objections to six trial exhibits listed by Defendant Pason Systems USA Corp. ("Pason"), as delineated below: Exhibit Number. B-2 Description The Dillard Anderson Group Press Release entitled "Varco LP Acquires Wildcat Services, LP" Objection FRE 402, 403, 802 Granted Denied

B-4

Civil Docket for Bowden v. FRE 402, Dick's Oilfield, specifically Entry 403, 802 #3 ­ Consent to judgment for Bobbie Bowden against Dick's Oilfield Civil Docket for Bowden v. Martin-Decker Totco, et al., FRE 402, 403, 802

B-5

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B-6

Patent License Agreement between Bobbie Bowden and Martin-Decker Totco, et al., Settlement Agreement between Bobbie Bowden and Tech Power Controls Co. Confidential Settlement Agreement between Varco and IDM Equipment Limited, Inc.

FRE 402, 403, 802 FRE 402, 403, 802 FRE 402, 403, 802

B-7

B-8

Exhibit B-2 is a press release issued by a third-party, The Dillard Anderson Group. It is, inter alia, inadmissible hearsay under Rule 802. Exhibits B-4 and B-5 are docket sheets from other lawsuits filed in the Western District of Texas. These docket sheets are inadmissible hearsay under Rule 802. They are also irrelevant, potentially confusing to the jury and therefore inadmissible under Rules 402 and 403. Defendant's Exhibits B-6 is a patent license agreement. Exhibits B-7 and B-8 are settlement agreements between the patent owner and third-parties arising from patent infringement lawsuits filed in Texas. These documents are hearsay, irrelevant, and potentially confusing to the jury. They are therefore inadmissible under Rules 802, 402, and 403. Plaintiff withdraws the following listed exhibits: Exhibit 375, 376, 377 and 378. Although these documents were reviewed by Plaintiff's damages expert, David Hall, before rendering his opinion and were referenced in his report, they are nevertheless hearsay. Like the expert report itself, these documents are inadmissible and should not have been included on Plaintiff's Exhibit List. Accordingly, Plaintiff withdraws Exhibits 375, 376, 377 and 378 from the list attached as Exhibit 1 to the March 20, 2008 Final Pretrial Order (Document # 174).

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Dated this 21st day of April, 2008. Respectfully submitted,

s/ Jane Michaels Jane Michaels Holland & Hart LLP 555 Seventeenth Street, Suite 3200 Denver, CO 80202 Phone: 303-295-8000 Facsimile: 303-295-8261 e-mail: [email protected] Robert M. Bowick Matthews, Lawson & Bowick PLLC 2000 Bering, Suite 700 Houston, TX Phone: 713- 355-4200 Facsimile: (713) 355-9689 e-mail: [email protected] John W. Raley Cooper & Scully, P.C. 700 Louisiana Street, Suite 3850 Houston, TX 77002 Phone: 713- 236-6801 Facsimile: 713- 236-6880 e-mail: [email protected] ATTORNEYS FOR PLAINTIFF VARCO, L.P.

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Case 1:03-cv-02579-RPM

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CERTIFICATE OF SERVICE I hereby certify that on April 21, 2008, I caused to be electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: [email protected] [email protected]

/Jane Michaels
3858904_1.DOC

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