On January 25, 2013, Judge Ferguson issued an Order (available here) in Axcess International v. Savi Technologies that resolved various motions in limine. Key rulings from Judge Ferguson’s Order are as follows:
Presumption of Validity. “The Court is of the opinion that arguing that the patent is valid because a patent was issued can lead to jury confusion and prejudice [Defendant].” The plaintiff was therefore precluded from presenting evidence or argument regarding the presumption of validity. However, the plaintiff could still explain and argue that the defendant has a heightened burden of proof and that the defendant must prove invalidity by clear and convincing evidence.
Expert Testimony. The Court limited all expert testimony to the experts’ reports.
Embodying Products Lay Testimony. Defendant had requested a ruling that the plaintiff was prohibited from stating that the plaintiff’s products practice the patent- in-suit because the plaintiff had failed to present any expert opinions on the subject. The Court noted that the defendant cited no authority for the proposition that expert testimony is required to establish that the plaintiff’s products practice the patent-in-suit, nor did the defendant present and legitimate evidentiary reason for the defendant’s assertion that evidence that the plaintiff’s products practice the patent-in-suit should be excluded. The Court denied the motion in limine.
Indemnity Agreement. The Court granted the defendant’s motion in limine seeking to preclude the plaintiff from offering evidence that a third party was indemnifying defendant and paying for the defendant’s attorneys fees.
Axcess International is represented by Steven Aldous and Robert Varner, both of Braden Varner & Aldous; Charles Cantine, Vivian Luo, and Joseph Diamante, all of Stroock & Stroock & Lavan LLP; David Skeels, Glenn Orman, Michael Cooke, and Jonathan Suder, all of Friedman Suder & Cooke PC.
Savi is represented by Eric Pinker, Chistopher Schwegmann, and Mark Turk, all of Lynn Tillotson Pinker & Cox; Boris Matvenko, Marvin Gittes, Peter Snell, and Timur Slonim, all of Mintz Levin Cohn Ferris Glovsky & Popeo PC.