A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Motions In Limine

Dollar Bills
Sharon McCutcheon, Unsplash

Judge Bryson resolved a large pile of motions in limine this month in IOEngine, LLC v. Paypal Holdings, Inc., C.A. No. 18-452-WCB (D. Del. June 15, 2022). What's a large pile, you say? About nineteen motions in limine total if I'm counting correctly.

The opinion hits a number of the old stand-by MILs, including that the accused infringer cannot call the patentee names like "patent troll" (we've discussed that before), that PTAB and IPR proceedings do not come in and the parties cannot talk about inequitable conduct (common results), and that general evidence about the parties' size/net worth is precluded (also not uncommon).

There were a number of interesting motions, though, …

Just some miscellaneous issues, nothing to see here
Just some miscellaneous issues, nothing to see here A nice pile of junk, Lance Grandahl, Unsplash

I pretty frequently see pretrial orders filed with a section labeled "miscellaneous issues" or "additional matters" or, someday, hopefully, "fiddle faddle."

It's a good place to put questions for the Court that might not fit anywhere else -- e.g., whether a witness may testify remotely, or if a large and unwieldy exhibit may be brought in for the jury.

Sometimes, you'll see issues that are a bit more contentious -- usually something procedural that doesn't quite rise to the level of a motion in limine. Naturally, this represents something of a procedural gray area, especially for those judges that place limits …