The Use and Overuse of Motions in Limine in Patent Litigation
This column explores the use of in limine motions in patent litigation, beginning with commonly seen motions that fit comfortably into the traditional role of raising evidentiary issues before surveying the landscape of those extending beyond what used to be considered as conventional.
March 27, 2023 at 09:20 AM
8 minute read
Special SectionsMotions in limine are conventionally used to obtain pretrial rulings on the admissibility of evidence. They are more commonly filed to establish the inadmissibility of certain evidence, but can also be used affirmatively. Such motions can also be used in an effort to foreclose a potentially inappropriate line of argument. Their resolution may be conditional, e.g., the court may order the proponent of evidence to refrain from mentioning it in the jury's presence until a showing is made at side bar that an appropriate foundation can be established, or may direct that a line of argument not be pursued unless the adversary opens the door. Generally speaking, the grant of a motion in limine does not obviate the need for a contemporaneous objection if a litigant engages in conduct contrary to the ruling.
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