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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`ALACRITECH, INC.,
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`Plaintiff,
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`v.
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`DELL INC.,
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`Defendant,
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`and
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`INTEL CORPORATION,
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`Intervenor.
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`2:16-cv-00695-RWS-RSP
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`JURY TRIAL DEMANDED
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`MORNING DISPUTES FOR OCTOBER 17, 2023
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`Case 2:16-cv-00695-RWS-RSP Document 77 Filed 10/16/23 Page 2 of 4 PageID #: 1497
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`Dell objects to PDX-3.119 as prejudicial, confusing, and irrelevant. That slide refers to
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`unaccused Broadcom products. Dell has represented to Plaintiff that they will not be arguing that
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`the Broadcom NetXtreme C or E products constitute licensed non-infringing alternatives. The
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`relevance of products which neither party will contend is accused in this case, or is a licensed
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`alternative, or is representative of the accused Intel products, is virtually nil. There is a substantial
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`risk that the jury will incorrectly assume that Defendant Dell is accused of infringement by virtue
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`of sales of Broadcom products, and/or that the jury will confuse the issues as to the operation of
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`the actual Intel accused products, based on information regarding the unaccused Broadcom
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`products.
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`Dated: October 16, 2023
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`Respectfully submitted,
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` /s/ Brady Cox
`Michael J. Newton (TX Bar No. 24003844)
`ALSTON & BIRD, LLP
`1950 University Avenue
`5th Floor
`East Palo Alto, CA 94303
`Phone: (650) 838-2000
`Fax: (650) 838-2001
`mike.newton@alston.com
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`
`Brady Cox (TX Bar No. 24074084)
`ALSTON & BIRD, LLP
`2828 North Harwood Street, 18th Floor
`Dallas, Texas 75201-2139
`Tel: (214) 922-3400
`Fax: (214) 922-3899
`brady.cox@alston.com
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`
`Deron R Dacus (TX Bar No. 00790553)
`THE DACUS FIRM, PC
`821 ESE Loop 323, Suite 430
`Tyler, Texas 75701
`(903) 705-1117
`(903) 581-2543 Fax
`ddacus@dacusfirm.com
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`
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`Case 2:16-cv-00695-RWS-RSP Document 77 Filed 10/16/23 Page 3 of 4 PageID #: 1498
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` Kirk T. Bradley (NC Bar No. 26490)
`ALSTON & BIRD, LLP
`Bank of America Plaza
`101 South Tryon Street, Suite 4000
`Charlotte, NC 28280-4000
`Tel: (704) 444-1000
`Fax: (704) 444-1111
`kirk.bradley@alston.com
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`
`Emily Chambers Welch
`Alston & Bird LLP - Atlanta
`One Atlantic Center
`1201 West Peachtree Street
`Atlanta, GA 30309-3424
`404.881.7000
`Fax: 404.881.7777
`emily.welch@alston.com
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`Attorneys for Defendant Dell, Inc.
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`Case 2:16-cv-00695-RWS-RSP Document 77 Filed 10/16/23 Page 4 of 4 PageID #: 1499
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above and foregoing
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`document has been served on October 16, 2023, to all counsel of record who are deemed to have
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`consented to electronic service via the Court’s CM/ECF system and electronic mail per Local Rule
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`CV-5(a)(3).
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`/s/ Brady Cox
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