This is the second in a series of articles discussing recent
orders of interest issued in patent cases by the United States
District Court for the District of Massachusetts.
In Inline Plastics Corp. v. Lacerta Group,
Inc., No. 4:18-cv-11631-TSH, Judge Hillman issued a
short electronic order on January 27, granting-in-part and
denying-in-part Plaintiff's motion in limine to
preclude expert testimony on obviousness. Judge Hillman granted
Plaintiff's motion as to testimony on secondary considerations
but denied the motion as to the ultimate question of
obviousness.
Inline moved in limine to preclude Defendant Lacerta
from introducing at trial expert opinion or other evidence on (1)
secondary considerations of non-obviousness, and (2) the ultimate
question of obviousness. Inline alleged that Lacerta had failed to
include any expert opinion or evidence regarding secondary
considerations and, as a result, Lacerta's expert's
ultimate opinion on obviousness was incomplete