Judge Andrews rules on motions in limine.

Judge Andrews recently considered several motions in limine in advance of trial in Interdigital Communications, Inc., et al. v. Nokia Corp., et al., C.A. No. 13-10-RGA (D. Del. Aug. 28, 2014).  Of note, the Court explained that evidence relating to inventors’ alleged dishonesty before the PTO would be inadmissible during the jury trial, under Rule 403, except to the extent it arose in cross-examination to challenge inventors’ credibility pursuant to Rule 608(b), or potentially as it related to an obviousness inquiry. In the latter case, the Court ordered that the defendants must disclose how they intended to use such evidence in connection with obviousness before trial.  The Court also precluded the defendants from referring to the plaintiff as a “troll, non-practicing entity (NPE), patent assertion entity, or extortionist.”   The Court also excluded evidence of a rejected IPR petition, explaining that “[a] PTO non-merits decision not involving Defendants has little or no probative value, and would require a lot of explanation for the jury to be able to understand. … [any] minimal probative value … would be substantially outweighed by the danger of unfair prejudice to the Defendants, and the risk of jury confusion from the complexity added by such testimony.”

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