In a recent memorandum order, Chief Judge Leonard P. Stark ruled on several pre-trial in limine motions and provided guidance on trial issues. Masimo Corp. v. Philips Elec. N. Am. Corp. et al., C.A. No. 09-80-LPS (D. Del. Aug. 27, 2014). Chief Judge Stark first denied a motion seeking to exclude evidence that a third party’s product received FDA clearance pursuant to §510k, finding such evidence relevant to whether the product is an acceptable alternative to the plaintiff’s own product, and not unfairly prejudicial. The Court also excluded, sua sponte, any evidence of reexamination of any of the patents-in-suit, finding that the risk of jury confusion and waste of the jury’s time outweighed any probative value such evidence may have.
Chief Judge Stark also provided some guidance on objections at trial to the scope of an expert’s testimony, and to the manner in which certain evidence could be presented during the jury trial, which was to precede a bench trial on equitable issues. First, the Court granted the parties’ request that the Court rule on objections to the scope of an expert’s testimony during trial, rather than simply preserving the objections for post-trial briefing. Chief Judge Stark explained that he “views the ‘scope’ of what has previously been disclosed to include anything that was disclosed by an expert in any expert report, any expert declaration, and/or any expert deposition testimony.” With respect to equitable issues, in this case one relating to laches, Chief Judge Stark made clear that “no evidence that is solely admissible with respect to the issues to be tried to the bench will be presented to the jury. Such evidence will be presented only to the bench. . . . The Court will rule at trial on objections to evidence that is arguably relevant both to issues being tried to the jury and to the bench.”