Post University, Inc. v. Learneo, Inc.

Summary

The United States District Court for the District of Connecticut issued an omnibus ruling on the parties’ motions in limine, exhibit objections, and a motion to strike an untimely expert disclosure in a copyright and DMCA dispute involving Course Hero. The court denied bifurcation, excluded post-suit evidence concerning Learneo’s Pinpoint tool, granted the motion to strike the plaintiff’s untimely technical-expert disclosure, sustained hearsay objections to certain news articles, and overruled objections to charts summarizing the works in suit.

Holdings

1. The court denied bifurcation because the liability and damages issues were inherently intertwined, bifurcation would substantially duplicate testimony and evidence, and Post failed to establish sufficiently compelling circumstances under Rule 42(b).
2. Post-suit evidence concerning Learneo's Pinpoint tool, including communications, offers, conditions, negotiations, and Post's later use of the tool, was excluded under Federal Rule of Evidence 403.
3. The court granted Learneo's motion to strike Post's untimely technical-expert disclosure because the new opinions and methodologies were disclosed without excuse shortly before trial and prejudiced Learneo's ability to respond.
4. The court sustained Learneo's hearsay objection to the news articles and excluded the exhibits, while leaving open the possibility of revisiting portions containing specifically identified opposing-party statements under Rule 801.
5. The court overruled Learneo's objections and held that Post could use the charts as summaries under Federal Rule of Evidence 1006 and provide them to the jury with appropriate instructions.

Questions Presented

1. Whether the trial should be bifurcated into liability and damages phases under Federal Rule of Civil Procedure 42(b).
2. Whether post-suit evidence concerning Learneo's Pinpoint tool should be excluded under Federal Rule of Evidence 403.
3. Whether Post University's objections to exhibits concerning post-suit Pinpoint use should be sustained.
4. Whether Post University's technical expert's untimely supplemental disclosures should be stricken.
5. Whether news media articles concerning Course Hero were inadmissible hearsay.
6. Whether charts summarizing more than two thousand works and underlying records could be admitted and provided to the jury under Federal Rule of Evidence 1006.

Disposition

other