In Limine Objection to “Patent Quality Inventor Study” Sustained

The court sustained defendant's objection to a “Patent Quality Inventor Study” submitted by plaintiff which ranked the inventor of the patents-in-suit "as the 'top rated inventor' in the 'wireless' invention category. [Plaintiff] argues that this exhibit is properly offered as a secondary consideration of nonobviousness – specifically, praise by others. The Court notes that the study does not pertain specifically to any of the patents-in-suit, much less the asserted claims. The Court finds that the probative value of the study is minimal, as it lacks the requisite nexus to the claims at issue in this case. . . . Similarly, the potential for unfair prejudice is high. The Court also determines that the study does not fall within the exception set forth in Federal Rule of Evidence 803(17), and that it is primarily offered for its truth, and is therefore hearsay.

Personalized Media Communications, L.L.C. v. Zynga, Inc., 2-12-cv-00068 (TXED November 8, 2013, Order) (Payne, M.J.)