No Reference to IPR During Trial

The court granted plaintiff's motion in limine to preclude reference to a pending inter partes review proceeding. "Plaintiff moves the Court to preclude Defendants from making any reference to the pending inter partes review proceeding on the [patent-in-suit], arguing that reference to incomplete inter partes review is purely speculative and would be highly prejudicial to Plaintiff. Defendants argue that this evidence is probative of Defendants’ defenses, and, any prejudicial effect could be alleviated by jury instructions. The Court finds that the evidence would be highly prejudicial to Plaintiff and confusing to the jury, and Defendants are thus precluded from offering evidence of the pending inter partes review process."

NXP BV v. Research In Motion Ltd., et al, 6-12-cv-00498 (FLMD March 25, 2014, Order) (Kane, J.)