CARPENTER TECHNOLOGY CORPORATION v. ALLEGHENY TECHNOLOGIES INCORPORATED et al

Filing 181

ORDER THAT DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE PERTAINING TO THE PARTIES PRE-SUIT LICENSE/SETTLEMENT NEGOTIATIONS IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 11/13/12. 11/14/12 ENTERED AND E-MAILED, MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CARPENTER TECHNOLOGY CORP., :
Plaintiff,
:
:
v.
:
:
ALLEGHENY TECHNOLOGIES, INC., :
and ATI PROPERTIES, INC.,
:
Defendants.
:

CIVIL ACTION

NO. 08-2907

ORDER
AND NOW, this

13th

day of November 2012, upon consideration of

Defendants’ Motion In Limine to Exclude Evidence Pertaining to the Parties’ Pre-Suit
License/Settlement Negotiations (Doc. No. 120), Defendants’ Memorandum in Support
thereof (Doc. No. 117), and Plaintiff’s Response (Doc. No. 140), IT IS HEREBY
ORDERED that the Motion is GRANTED in part and DENIED in part as follows:
1. Carpenter is precluded at trial from offering any evidence of pre-suit
settlement/license communications, negotiations, and draft settlement/license
agreements between it and ATI for the purpose of measuring ATI’s damages;
2. Carpenter may, however, introduce such evidence for the limited purpose of
defending against ATI’s claim of willful infringement;
3. The Court will provide appropriate instruction where necessary at trial.

BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.