Interference No. 102,668
Massachusetts includes cities named "Braintree" and "Quincy,"
and agree with Cavanagh that it is reasonable to conclude that
these are the cities referred to respectively in Pelrin's
testimony and in Cavanagh's memorandum to Moore. As
requested, we also are taking official notice of the fact that
the border with Canada, the closest foreign country, is about
a five hour round trip by car. However, we will not grant
Cavanagh's request to take official notice that "Hazeltine
Corporation is a famous American Company in the electronics
field" (Opp. at 3), which even if granted would not prove it
to be more likely than not that the tests Packard observed
took place in this country. In our view, Cavanagh's evidence,
when considered in light of the foregoing officially noticed
geographical facts is sufficient to establish by a
preponderance of the evidence (i.e., that it is more likely
than not) that the testing observed by Packard occurred in the
United States. Indeed, there is no evidence at all to the
contrary.
McMahon's objections to Cavanagh's request for21
official notice have been considered but are not persuasive.
Reply for Motion to Strike at 3-4.21
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