Pretrial Motions Are Decided Before Trial

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Helios Software, LLC, et al. v. Spectorsoft Corporation, C.A. No. 12-81-LPS -MPT, May 22, 2015

Stark, C. J. The court makes various pretrial rulings in advance of a June 15, 2015 jury trial. 

Among the pretrial issues decided were the following:

  1. Each side is allotted 10-12 hours for its trial presentation;
  2. Laches will be tried as part of a consolidated bench trial with inequitable conduct, and evidence relating solely to laches will not be permitted at the jury trial;
  3. Neither side may read to the jury the other side’s responses to requests for admission;
  4. Written notice requirement regarding witnesses expected to testify live shall not prevent calling additional witnesses from that side’s witness lit based on evidence presented at trial;
  5. Evidence that plaintiff’s expert was permitted to supplement his report will not be permitted at trial. No reference may be made to the fact that there were court rulings and the reasoning;
  6. Evidence relating to related litigation is precluded as it relates to different products and is not probative;
  7. Evidence relating solely to inequitable conduct is precluded;
  8. Expert opinions not timely disclosed or that contradict the claim construction or other court order is precluded;
  9. Infringement and damages evidence with respect to new products at trial is granted;
  10. No evidence regarding designing around will be permitted;

Inequitable conduct and laches trial will be held on October 16, 2015 with a maximum of 3 ½ hours allotted to each side.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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