Skillz Platform Inc. v. AviaGames Inc.

I. BACKGROUND

19 In its previous order, the Court ruled that Chen may withdraw her assertion of her Fifth 20 Amendment privilege and testify based on the finding that neither her assertion or withdrawal of 21 her Fifth Amendment privilege was tactical or abusive. See ECF No. 586 at 3. The Court further 22 found that any prejudice to Plaintiff Skillz Platform Inc. would be mitigated by ordering Chen to 23 attend a further deposition of no more than 8 hours and no subject matter limitations at Avia’s 24 expense. See id. at 5. The Court deferred ruling on AviaGames’ request that any comment on 25 Chen’s prior assertions of her Fifth Amendment privilege, including to challenge her credibility, 26 be excluded from trial pending her deposition. Id. The parties informed the Court that Chen was 27 deposed and all parties agree that she answered all questions. 1 2 II. DISCUSSION 3 The Court previously found that whether Chen previously asserted her Fifth Amendment 4 privilege does not have anything to do with the substantive patent issues in this case. ECF No. 5 586 at 4. Skillz argues that Chen’s invocations should be admitted at trial, citing Harris v. City of 6 …