37(b) and/or (d) is referred to Magistrate Judge Fox, who handled the discovery and who is uniquely positioned to decide whether sanctions relating to discovery are warranted. 6. IBM’s motion for summary judgment on liability for foreign sales is deferred until trial. TM recognizes that it is not allowed to recover twice for a single instance of infringement. The Court cannot ascertain whether TM is trying to obtain double recovery until the evidence comes in. Thus, this motion is premature. 7. The parties are directed to appear for a final pre-trial conference on December 1 at 2 PM. Jury selection will commence on January 8, 2001. This constitutes the decision and order of the Court. 1 . See Sperry Gyroscope Co. v. Arma Engineering Co., 271 U.S. 232, 46 S.Ct. 505, 70 L.Ed. 922 (1926) (<HOLDING>); Williams v. Columbia Broadcasting Systems,
holding that the statute of limitations in a criminal case is a nonjurisdictional affirmative defense that is waived if not raised in the trial court recognizing that  1498 is in effect an eminent domain statute holding the precursor statute to  1498 to be nonjurisdictional as to private defendants merely establishing an affirmative defense holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense holding that the running of the statute of limitations is an affirmative defense