The Southern District of New York has granted a motion in limine precluding evidence of Defendant’s failed inter partes review (IPR) petition.
The parties to the lawsuit are in the business of manufacturing and selling theater rigging equipment and winch systems. Olaf Sööt Design (“Plaintiff”) brought an action against Daktronics (“Defendant”) alleging infringement of U.S. Patent No. 6,520,485 (the “’485 patent”), which covers a winch system that is designed to move large theater scenes on and off the stage quickly. Notably, although the Defendant initially alleged that the ’485 patent was invalid, it withdrew its invalidity defense during the course of litigation.