The Southern District of New York has granted a motion in
limine precluding evidence of Defendant's failed inter
partes review (IPR) petition.
The parties to the lawsuit are in the business of manufacturing
and selling theater rigging equipment and winch systems. Olaf
Sööt Design ("Plaintiff") brought an action
against Daktronics ("Defendant") alleging infringement of
U.S. Patent No. 6,520,485 (the "'485 patent"), which
covers a winch system that is designed to move large theater scenes
on and off the stage quickly. Notably, although the Defendant
initially alleged that the '485 patent was invalid, it withdrew
its invalidity defense during the course of litigation.
Leading up to trial, each party filed motions in limine
seeking to exclude evidence related to the validity of the '485
patent. Specifically, Plaintiff moved to exclude prior art
references and related testimony as irrelevant and unduly
prejudicial. Defendant moved to exclude evidence of its failed
