Addressing various evidentiary issues, US Court of Appeals for
the Federal Circuit Judge Bryson (sitting by designation on the US
District Court for the Eastern District of Texas) addressed a
number of pre-trial motions, including granting a motion to
preclude references to a patent's "presumption of
validity" because that the phrase might be confusing to the
jury in light of the court's instructions on the burden of
proof for invalidity. Erfindergemeinschaft UroPep GbR v. Eli
Lilly & Co., Case No. 2:15-CV-1202-WCB (ED Tex., Mar. 13,
2017; Mar. 17, 2017) (Bryson, J).
UroPep alleged that Eli Lilly's sale of Cialis infringed
UroPep's method patent covering treatment of benign prostatic
hyperplasia (BPH). Leading up to trial, the district court issued a
number of orders related to the admissibility of evidence and
expert testimony. Among them, the district court granted Eli
Lilly's motion to prevent UroPep from referencing the
"presumption of validity" of a patent
