Thursday, May 27, 2010

Use of Terms Like "Monopoly" and "Milking" Prohibited at Trial

Plaintiff's motion in limine to exclude terms like "monopoly," "milking strategy," and "milking the brand" was granted where the "invocation of such terms would unfairly prejudice [plaintiff] under Rule 403 by suggesting that [plaintiff's] enforcement of patent rights is unfair or unlawful and improperly inviting the jury to view [plaintiff] in a negative light."

Abbott Laboratories v. Sandoz, Inc., 1-05-cv-05373 (ILND May 24, 2010, Order) (Coar, J.)

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