Interference No. 103,029
5 to BX-41 will be suppressed as hearsay. Part one of the
Kipouras motion to suppress is GRANTED.
With reference to part two of the Kipouras motion to
suppress, Kipouras seeks to suppress the declaration of Dr. Yu
at BR38-39 with respect to BX-17, BX-18, BX-19, BX-20, BX-23,
BX-24, BX-27, BX-29, BX-30, BX-31, BX-32, BX-33, BX-37, and
BX-38. The ground alleged by Kipouras is that the data
contained in these documents is hearsay as to Yu, inasmuch as
Yu did not perform the experiments or polymerizations
referenced in these documents. Yu testified that the
experiments were performed under his direction
and he specified the starting ingredients (BR195) and what
tests were to be performed (BR196; BR198). Yu also testified
that it was customary at Goodrich for persons to refer to the
work of technicians as work done by the lead scientist.
BR198. Be that as it may, Kipouras is correct in arguing that
these documents represent hearsay, in that Yu did not have
firsthand knowledge of the experiments. Accordingly, with
respect to the exhibits listed above, and the accompanying
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