I/P Engine, Inc. v. AOL, Inc. et al

Filing 315

Memorandum in Support re 314 MOTION in Limine to Exclude Inadmissible Evidence filed by I/P Engine, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Sherwood, Jeffrey)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION __________________________________________ ) ) ) Plaintiff, ) v. ) ) AOL, INC. et al., ) ) Defendants. ) __________________________________________) I/P ENGINE, INC., Civ. Action No. 2:11-cv-512 [PROPOSED] ORDER GRANTING PLAINTIFF I/P ENGINE, INC.’S FIRST MOTION IN LIMINE TO EXCLUDE INADMISSIBLE EVIDENCE This Court, having considered Plaintiff I/P Engine, Inc.’s First Motion In Limine and accompanying Memorandum in Support thereof, and finding good cause exists, hereby ORDERS that the motion is GRANTED as follows: Defendants are hereby precluded from offering any evidence of, making reference to, or making suggestion of the following topics in the trial of this case: 1. the recently filed reexamination of U.S. Patent No. 6,314,420; 2. recent offers and other negotiations for, and the 2011 purchase price of, the patent portfolio that included the patents-in-suit; 3. the fee arrangement between I/P Engine and its counsel; 4. claim construction arguments that were not adopted by this Court; 5. claims that were previously included in this case but are no longer asserted, including claims against Google Search and defendants AOL and IAC’s Ask Sponsored Listings; DSMDB-3099863 6. derogatory, inflammatory, confusing and irrelevant terms such as “patent troll,” “shell corporation,” “paper patent” holder, or “non-practicing entity”; 7. any testimony or opinions about evidence or any other subject beyond the scope of the discussion and analysis in their expert report; 8. any reference to discussions or correspondence between counsel that did not go to the Court, including discovery disputes, negotiations, claims of privilege, or motions for relief sought but not granted; and 9. any reference to courtroom observers or jury consultants. So Ordered: Dated: September __, 2012 _________________________________ United States District Court Eastern District of Virginia 2 DSMDB-3099863

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