W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., et al., C.A. No. 11-515 -LPS, November 24, 2015.
Stark, C. J. The court rules on various motions in limine and contested provisions in the pretrial order.
Ruling on motion to exclude evidence relating to previous litigation is deferred. Motion to preclude evidence relating to European Patent Office’s rejection of plaintiff’s patent application if granted in part without prejudice. Motion to preclude evidence of a meeting is denied. Whether or not it is prior art it is relevant as to invalidity defense based on improper derivation. Motion to preclude evidence of lost profits is denied without prejudice and will be considered in conjunction with a pending motion to dismiss. The court will hear evidence at the pretrial conference on a motion to preclude evidence relating to defendant’s employment of a former employee of plaintiff. A motion to preclude evidence of a product as a non-infringing alternative is denied. Additional rulings: Presentation of evidence will follow the burden of proof. When reading or playing deposition testimony colloquy and objections of counsel will be eliminated. Exhibits not objected to will be received into evidence without the need for additional foundational testimony.