Chief Judge Gregory M. Sleet recently granted a motion in limine seeking to exclude from trial evidence or argument regarding proceedings before, and decisions arising from, the European Patent Office. Edwards Lifesciences LLC, et al. v. Medtronic CoreValve LLC, et al., C.A. No. 12-23 (GMS) (D. Del. Jan. 2, 2014). As Judge Sleet explained, “there is a substantial risk of prejudice to [plaintiffs] given the strong likelihood that the jury would be confused and give undue deference to the foreign decisions and proceedings.” Id. at 1-2. Moreover, the Court found that such foreign proceedings, and decisions arising from them, are “of dubious probative value” that “hardly outweighs the substantial risk of prejudice.” Id. at 2.
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