Edwards Lifesciences LLC, et. al. v. Medtronic Corevalve LLC, et. al., 1-12-cv-00023 (DED January 2, 2014, Order) (Sleet, J.)
Monday, January 6, 2014
Evidence of Foreign Litigation and EPO Proceedings Precluded
The court granted plaintiff's motions in limine to preclude evidence of decisions in foreign litigations and the European Patent Office. "[T]here is a substantial risk of prejudice to [plaintiff] given the strong likelihood that the jury would be confused and give undue deference to the foreign decisions and proceedings. . . . Proceedings and the decisions arising from proceedings conducted in foreign jurisdictions, under foreign substantive law and foreign procedural rules, and concerning a foreign patent that is not at issue in the instant action, are of dubious probative value."