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Posted On: 12/07/2017 3:04:32 PM
Post# of 82686
Re: Big Papa Bear #11030
I am an attorney. Read this article. http://www.ptablitigationblog.com/district-co...victories/
Some of the pertinent language:
"With regard to pending IPR proceedings, the Federal Circuit has noted that “ t is generally true that evidence of non-final reexamination determinations is of little relevance and presents a risk of jury confusion.” K-TEC, Inc. v. Vita-Mix Corp., 696 F.3d 1364, 1376 (Fed. Cir. 2012). However, the admissibility of evidence relating to concluded IPR proceedings was deemed more of an open question. In StoneEagle Servs., Inc. v. Pay-Plus Sols., Inc., No. 8:13-cv-2240-T-33MAP, 2015 BL 196583 (M.D. Fla. June 19, 2015), the court cited multiple cases in which admissibility of such evidence was denied, but declined to follow the cited decisions, concluding that concerns regarding jury confusion could be alleviated through jury instruction. Id. at *9. By contrast, Wis. Alumni Research Found. v. Apple, Inc., 135 F. Supp. 3d 865, 875 (W.D. Wis. 2015) acknowledged the decision in StoneEagle and others like it, but concluded that risk of unfair prejudice and jury confusion substantially outweighed the probative value."
Some of the pertinent language:
"With regard to pending IPR proceedings, the Federal Circuit has noted that “ t is generally true that evidence of non-final reexamination determinations is of little relevance and presents a risk of jury confusion.” K-TEC, Inc. v. Vita-Mix Corp., 696 F.3d 1364, 1376 (Fed. Cir. 2012). However, the admissibility of evidence relating to concluded IPR proceedings was deemed more of an open question. In StoneEagle Servs., Inc. v. Pay-Plus Sols., Inc., No. 8:13-cv-2240-T-33MAP, 2015 BL 196583 (M.D. Fla. June 19, 2015), the court cited multiple cases in which admissibility of such evidence was denied, but declined to follow the cited decisions, concluding that concerns regarding jury confusion could be alleviated through jury instruction. Id. at *9. By contrast, Wis. Alumni Research Found. v. Apple, Inc., 135 F. Supp. 3d 865, 875 (W.D. Wis. 2015) acknowledged the decision in StoneEagle and others like it, but concluded that risk of unfair prejudice and jury confusion substantially outweighed the probative value."
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