Polyform, A.G.P. et al v. Airlite Plastics

Filing 278

ORDER that Polyform's motion in limine to exclude all evidence and references to reexamination of the '419 patent 154 is denied without prejudice; Polyform's motion to exclude all evidence and references to any alleged Chinese prior art 158 is denied without prejudice. Ordered by Senior Judge Lyle E. Strom. (CJP)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA POLYFORM, A.G.P. INC., a Quebec, Canada, corporation; PLASTIQUES CELLULAIRES POLYFORM, INC., a Quebec Canada, corporation; and NUDURA CORPORATION, an Ontario, Canada, corporation, ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) AIRLITE PLASTICS CO., a ) Nebraska corporation, ) ) Defendant. ) ______________________________)

8:07CV397

ORDER

This matter comes before the Court on two of the motions in limine filed by the plaintiffs (collectively, "Polyform"): (1) Polyform's motion in limine to exclude all

evidence and references to reexamination of U.S. Patent No. 6,401,419 ("the `419 patent")(Filing No. 154), and (2) Polyform's motion in limine to exclude all evidence and references to any alleged Chinese prior art (Filing No. 158). opposed both motions. The defendant

(See Filing Nos. 213, 216).

After a thorough review of the briefs of the parties and the applicable law, the Court finds that both of these motions should be denied at this time, without prejudice to raising these objections during the course of trial. Accordingly,

IT IS ORDERED: 1) Polyform's motion in limine to exclude all evidence and references to reexamination of the `419 patent is denied without prejudice. 2) Polyform's motion to exclude all evidence and references to any alleged Chinese prior art is denied without prejudice. DATED this 19th day of February, 2009. BY THE COURT: /s/ Lyle E. Strom ______________________________ LYLE E. STROM, Senior Judge United States District Court

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