Thursday, November 29, 2012

Prior License of Patents-in-Suit Involving Different Technology Excluded From Evidence

The court granted defendants' motion in limine to preclude plaintiff from presenting testimony regarding the value of one of the defendant's licenses with a third party which contained the patents-in-suit but was directed to different technology. "[A] license is not comparable simply because it contains the patents-in-suit. . . . [T]he fact that the accused products were covered by the license is also insufficient to establish comparability; rather, [plaintiff] must show that the. . . license is technologically comparable to license that would have been reached at the hypothetical negotiation. . . . In addition, the Court concludes that any probative value this license might have would be substantially outweighed by the danger of unfair prejudice to [defendant]."

Multimedia Patent Trust v. Apple Inc., et. al., 3-10-cv-02618 (CASD November 20, 2012, Order) (Huff, J.).

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