Intellectual Property Law

Chief Judge Sleet: Post-Trial Briefs Must Only Contain Evidence Presented at Trial

By Karen E. Keller, Andrew A. Lundgren et al.

In a recent post-trial opinion, Chief Judge Gregory M. Sleet touched on a host of issues, including obviousness, indefiniteness, inequitable conduct, double patenting, and infringement. Beyond the substantive analysis of the patents-in-suit, the Court also answered an equally important procedural point for the litigator: which evidence may be included in post-trial proposed findings of fact and conclusions of law.

According to the Court, only the evidence presented at trial:

"The court notes for the benefit of future parties . . . that the court's pre-trial order that all objections to exhibits are overruled without prejudice - thus allowing each party to object in real-time - was not intended to have the effect that the plaintiffs assert. The parties' post-trial briefs should be based only on evidence actually presented at trial, and not any evidence that could have been presented at trial."

See Order, at n.1.

Aventis Pharma S.A. v. Hospira Inc., C.A. No. 07-721-GMS (D. Del. Sept. 27, 2010) (Sleet, C.J.).

Full post as published by Delaware IP Law Blog on October 06, 2010 (boomark / email).