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Judge Andrews decides motions in limine in advance of ANDA trial

Judge Richard G. Andrews recently decided motions in limine in advance of an August 26 pretrial conference in Impax Laboratories Inc., et al., v. Lannett Holdings Inc., et al., No. 14-984-RGA (D. Del. Aug. 24, 2016).  Judge Andrews excluded one of defendants’ witnesses after finding he was inadequately disclosed and “[d]efendants ma[d]e no meaningful proffer of what [the witness] might say.”  Id. at 1-2.   As to another witness, Judge Andrews did not exclude him, but ordered the defendants make him available for deposition prior to trial.  Id. at 2.  Judge Andrews also precluded the parties’ experts from testifying as to the plain and ordinary meaning of the preambles of the claims, which the Court previously found limiting but did not construe.  Id. at 2-3.

Impax Laboratories Inc. v. Lannett Holdings Inc., No. 14-984-RGA

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