Monday, April 23, 2012

Defendant Prohibited From Appealing to Jury's Pecuniary Interests

The court denied in part plaintiff's motion in limine to preclude defendant from appealing to the jury's "pecuniary interests" by arguing defendant's medical products cost less. "[Defendant] will not be permitted to appeal to the jury’s pecuniary interests by directly arguing, or even suggesting, that the jurors’ medical costs will increase if they find infringement. That does not mean, however, that [defendant] will not be permitted to present any evidence about the relative cost of its products, if that evidence is relevant to another issue in the case."

Abbott Point of Care Inc. v. Epocal, Inc., 5-08-cv-00543 (ALND April 18, 2012, Order) (Smith, J.)

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