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Judge Stark: In Limine Rulings

Judge Stark recently issued a final pretrial order with rulings on eight different motions in limine in Tarkus Imaging, Inc. v. Adobe Systems, Inc., C.A. No. 10-63-LPS (D. Del. May 31, 2012).  Judge Stark’s in limine rulings included the following:
1.    A non-expert witness and that witness’s opinions not previously disclosed under Rule 26 are not per se inadmissible, but specific portions of testimony should be addressed by objection pursuant to the Court’s normal procedures.
2.    Defendants may not be barred wholesale from introducing undisclosed expert testimony.  Rather, objections to testimony beyond the scope of expert reports should be addressed pursuant to the Court’s normal procedures, and Defendants may elicit fact testimony from fact witnesses regarding how accused products work.
3.    Parties are not permitted to argue who “won” or “lost” claim construction, but Defendants may defend willfulness allegations by contending that their proposed constructions were reasonable.
4.    Evidence of usage or sale of components that are not the accused functionality is allowed because it is probative of induced infringement and the potential for prejudice does not outweigh the evidence’s probative value.
5.    Parties may not present evidence that other parties did not comply with the discovery rules.  Allowing the parties to relitigate discovery disputes at trial would be unfairly prejudicial, confusing, and a waste of time.


Tarkus Imaging, Inc. v. Adobe Systems, Inc., C.A. No. 10-63-LPS (D. Del. May 31, 2012).

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