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Judge Stark considers pre-trial objections to deposition testimony

In Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al., C.A. Nos. 13-1987-LPS, 14-109-LPS, 14-848-LPS (D. Del. Dec. 4, 2016), Chief Judge Leonard P. Stark considered a number of the parties’ disputes related to introducing deposition testimony and related documents, in anticipation of the trial in this case.  The Court overruled two of these objections as waived; while timely, the objections contained significantly more argument than the pre-trial order allowed for such objections and were essentially improper motions in limineId. at 1-2.  However, the Court also considered and rejected these two objections on their merits.  As to the first, it overruled an objection to testimony related to which of the parties was the true innovator as relevant to willfulness and damages. The Court explained that this evidence involving events taking place prior to issuance of a patent may be relevant to willfulness ecause “the Court [was not] persuaded that the law absolutely precludes pre-patent conduct from being probative of willfulness.”  Id. at 2.  As to the second, the Court ruled the disputed testimony was a party admission and thus admissible, and, furthermore, the “contentions regarding speculation, and its disputes as to whether the evidence on the whole supports the inferences [plaintiffs] will ask the jury to draw, go to the weight and not admissibility of the challenged evidence.”  Id. at 3.

Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al., C.A. Nos. 13-1987-LPS, 14-109-LPS, 14-848-LPS (D. Del. Dec. 4, 2016)

 

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