In addressing the parties' dispute as to whether the court's order granting a preliminary injunction (upheld on appeal) was admissible to establish willfulness under In re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc), the court concluded that "generally only evidence regarding the prelitigation landscape of the dispute will be admitted." "It cannot be emphasized enough that the litigation process is a complicated one, comprising multiple steps and moved forward by multiple decisions, ranging from resolving a discovery dispute to a case-dispositive motion. Consequently, I am very uncomfortable with characterizing administrative and court decisions as 'objective evidence' for presentation to a jury."
Cordis Corporation v. Boston Scientific, et al., 1-03-cv-00027 (DED January 28, 2010, Memorandum Order) (Robinson, J.)