In three recent Orders, Judge Noel L. Hillman, sitting by designation, ruled on defendant’s (“Materia”) motions in limine. Judge Hillman first denied Materia’s motion in limine regarding plaintiff’s (“Evonik”) expert, ruling that “Evonik’s expert, Dr. Cooper, may be permitted to testify, as may any expert or fact witness from Materia, on the nature and quantity of any inoperable embodiments of a patent claim including ‘NHC’ as construed by the Court.” Evonik Degussa GmbH v. Materia, Inc., C.A. No. 09-636-NHL-JS (D. Del. Jan. 6, 2017).
Next, Judge Hillman granted and denied in part Materia’s motion in limine to exclude “certain argument or evidence based on Materia’s invocation of attorney-client privilege.” Specifically, Judge Hillman ruled that Materia’s motion “is granted in that Evonik is precluded from asking any questions which are reasonably likely to elicit an answer precluded by privilege. The Motion is denied in that Evonik may use a privilege log– in a redacted form so as to preclude any reference to privilege or confidentiality– to prove a fact established by the log.” Evonik Degussa GmbH v. Materia, Inc., C.A. No. 09-636-NHL-JS (D. Del. Jan. 9, 2017).
Finally, Judge Hillman granted Materia’s motion to preclude “Evonik from referencing or introducing at trial evidence related to the underlying substantive issues and allegations of the Boulder litigation . . . to the extent that Evonik is barred from introducing in its case-in-chief any evidence related to the underlying substantive issues and allegations of the Boulder litigation.” Judge Hillman noted, however, that “Evonik may seek leave of Court to use such evidence on cross-examination, or any rebuttal case, to demonstrate a witness’s prior inconsistent statement or to assess a witness’s credibility.” Evonik Degussa GmbH v. Materia, Inc., C.A. No. 09-636-NHL-JS (D. Del. Jan. 10, 2017).