Posts Tagged: "Michael Zoppo"

Fish & Richardson Scores Patent Victory with Motions in Limine

So what is unique about this particular victory at the district court that caught my attention? The timing of the victory and circumstances surrounding the culmination of the case seemed peculiar to me. Moments before opening arguments were set to begin and after the jury had been selected ISE consented to entry of a judgment of non-infringement in favor of CBOE. ISE had been seeking over $400 million in actual damages and was requesting those damages be tripled. But why throw in the towel right before trial on a case that had already once gone up to the Federal Circuit? Fish & Richardson attributes the victory, and particularly the timing of the victory, to a strategy that involved a series of pre-trial motions, including motions in limine to exclude certain evidence at trial.