Judge Stark issued an oral order yesterday addressing a motion in limine in Otsuka Pharmaceutical Co., Ltd. v. Zenara Pharma Private Ltd., C.A. No. 19-1938-LPS (D. Del.).
According to the briefing, plaintiff sought to exclude two exhibits that were dated after the priority date of the patent.
The first was a 2005 "review article" published just months after the priority date. According to defendants' brief, "does not present original data" and instead "discusses the information known in the art before the priority date."
The second exhibit was published in 2021 and includes a "history of research …
