Magistrate Judge Rules on Defendant’s Motion in Limine in W.L. Gore & Associates, Inc., et al. v. C.R. Bard Inc., 11-CV-00515

December 7, 2015 – On November 20, 2015 Magistrate Judge Christopher J. Burke of the District Court for the District of Delaware denied in part and granted in part Defendant, C.R. Bard Inc.’s motion to exclude testimony of Plaintiff, W.L. Gore & Associates, Inc.’s patent office expert. Specifically, the court denied Defendant’s motion to exclude expert testimony regarding the prosecution history of the asserted patents and granted Defendant’s motion to exclude testimony regarding inequitable conduct as beyond the scope of his expertise.  The patent-at-issue in this case is U.S. Patent No. 5,735,892, titled “Intraluminal Stent Graft,” which covers an expandable metal stent for recurrent tracheal obstruction.

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By: Giancarlo L. Scaccia

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