Order | Filed: July 06, 2026
| Entered: July 06, 2026
Fishon et al v. Peloton Interactive, Inc.
Contract Product Liability | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 390 Letter filed by Peloton Interactive, Inc. ENDORSEMENT: By July 10, 2026, Plaintiffs shall file a letter with ten representative entries (of the entries challenged at Dkt. No. 387) that Plaintiffs argue may have been impermissibly withheld from production. By July 17, 2026, Defendant shall file a response letter explaining, as to each document, the basis for withholding it or otherwise withdrawing the assertion of privilege. Also by July 17, 2026, Defendant shall provide the ten documents to the Court for in camera and ex parte review. So Ordered. (Signed by Judge Lorna G. Schofield on 7/6/2026) (vfr)
Order | Filed: July 06, 2026
| Entered: July 06, 2026
NEC Corporation v. Peloton Interactive, Inc.
Patent | Delaware
Order on Motion for Miscellaneous Relief
ORAL ORDER: The Court has reviewed Plaintiff NEC Corp.’s (“Plaintiff” or “NEC”) motion to exclude the testimony of Defendant Peloton Interactive, Inc.’s (“Defendant” or “Peloton”) hybrid expert Mr. Alex Zambelli and the testimony of Defendant’s experts that rely thereon under Fed. R. Evid. 702 and Daubert (the “Motion”). (D.I. 362 ) The Court has also reviewed the briefing related thereto, (D.I. 365 at 3-10; D.I. 435 at 1-14; D.I. 492 at 1-4), and it has considered the relevant legal standards for this type of motion, see 360Heros, Inc. v. GoPro, Inc., 569 F. Supp. 3d 198, 201-02 (D. Del. 2021); Pers. Audio, LLC v. Google LLC, Civil Action No. 17-1751-CFC-CJB, 2021 WL 5038740, at *1-2 (D. Del. Oct. 25, 2021). Having done so, the Court hereby ORDERS that the Motion is DENIED for the reasons that follow: (1) In its brief on the Motion, NEC describes the bulk of Mr. Zambelli’s report as a “factual narrative explaining his understanding regarding the development of Microsoft’s Smooth Streaming [‘Smooth Streaming’] system.” (D.I. 365 at 3) NEC seeks to exclude Mr. Zambelli’s report in its entirety because Mr. Zambelli “has never seen any source code for any version of Smooth Streaming, and his opinions are based on purported conversations with individuals he could not identify, which allegedly occurred eighteen years ago[.]” (Id. at 3-4) According to NEC, Mr. Zambelli therefore has a lack of personal knowledge regarding the development of Smooth Streaming that renders his opinions unreliable. (Id.) NEC also argues that the Court should further exclude Defendant’s technical expert Dr. Kevin Almeroth’s and Defendant’s damages expert Ms. Julie Davis’s opinions regarding Smooth Streaming because they are based on Mr. Zambelli’s report. (Id. at 8-10) As NEC notes, a hybrid expert/fact witness “must testify from the personal knowledge [he or she] gained on the job.” (D.I. 365 at 4-5 (quoting Indianapolis Airport Auth. v. Travelers Prop. Cas. Co. of Am., 849 F.3d 355, 371 (7th Cir. 2017)); (2) A key premise of the Motion—i.e., that Mr. Zambelli has absolutely no personal knowledge of the development of Smooth Streaming—is easily debunked. Mr. Zambelli’s report explained that as a Technical Evangelist for Microsoft, his work was both “technical and outward facing[,]” as he acted as a bridge between Microsoft’s engineering teams and external vendors to “explain and demonstrate Microsoft technologies in a technically accurate, developer-oriented manner”—and that such technologies included Smooth Streaming. (D.I. 437 , ex. B at ¶¶ 18-26; see also id., ex. C at 70-71) Mr. Zambelli was involved with Smooth Streaming from the time that the prototype was initially developed in 2008 for the upcoming Olympics through subsequent deployments of Smooth Streaming. (Id., ex. B at ¶¶ 20-26) As part of his role as a Technical Evangelist, Mr. Zambelli worked with software vendors for the 2008 Olympics to ensure that they were “configuring [their software] correctly for ABR[, or adaptive bitrate,] delivery.” (Id., ex. C at 97-98) He was also responsible for designing the automation workflow for the live streaming relating to the 2010 Vancouver Olympics using Smooth Streaming. (Id. at 22-25; id., ex. B at ¶ 26) In addition to his work as a Technical Evangelist, Mr. Zambelli frequently spoke about Smooth Streaming at industry conferences, ran a professional blog relating to Microsoft’s technologies that mostly focused on Smooth St... (truncated)