Appendix A-47 Brief in Support of Motion in Limine - Person of Ordinary Skill in the Art

• Author: Kenneth Dorsney
• Pages: 895-900

Brief in Support of Motion in Limine—Person of Ordinary

Skill in the Art

IN THE UNITED STATES DISTRICT COURT

[Name of District]

[DISTRICT COURT CAPTION]

BRIEF IN SUPPORT OF DEFENDANT’S MOTION IN LIMINE

TO PRECLUDE PLAINTIFF FROM CHANGING THE ALREADY

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Defendant moves in limine to preclude Plaintiff from advancing a new definition

1.

I.

release drug “formulator” such as the inventors of the patent-in-suit, i.e., individuals with

education and practical experience in preparing sustained-release solid oral dosage

formulations to which all claims of the patent are directed. That agreed definition was the

basis for the parties’ submissions, and this Court’s ruling, on claim construction. It also

was the basis for Defendants’ opening expert reports on validity, and for Plaintiff’s

opening expert reports on infringement.

agreement with the Defendants. In its answering expert reports, served nearly 3 years

after this case began, Plaintiff announced that it would be proceeding to trial with a

pharmaceutical formulators, but was expanded to include non-formulators such as

1.

would have been obvious, rendering those claims invalid under 35 U.S.C. § 103, is

895

A-47

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