Tuesday, August 21, 2012

Evidence of Reexamination Not Relevant For Jury Trial On Infringement

The court granted defendant's motion in limine to exclude references to the presumption of patent validity, a prior administrative determination of patentability, and defendant's rejected reexamination request. "The court will explain the burden of proof on invalidity. The reexamination results are not relevant evidence."

Smith & Nephew, Inc. v. Interlace Medical, Inc., 1-10-cv-10951 (MAD August 17, 2012, Order) (Zobel, J.).

No comments: