In its order on motions in limine, the court granted Core Wireless’ request to preclude LG from making “inappropriate attacks on the USPTO and its examiners.” Although the court’s order prohibits LG from disparaging the PTO and its examiners by arguing that examiners are overworked or that the PTO is prone to error, it does allow LG to proffer evidence and argument of specific mistakes made in connection with the prosecution of the patents-in-suit. The court denied LG’s related request that the court preclude Core Wireless from making “irrelevant laudatory remarks” about the PTO. The court cited the presumption that a patent is valid and the presumption that the PTO has done its job correctly in refusing to preclude praise of the PTO that is consistent with the presumption of validity. The court also granted Core Wireless’ motions in limine precluding references to other litigations involving Core Wireless and precluding derogatory comments regarding Core Wireless such as “patent troll” or “lawsuit factory.”
Core Wireless Licensing S.A.R.L v. LG Electronics, Inc., No. 2:14-cv-00911 (E.D. Tex. July 12, 2016), D.I. 519 (Payne, R.).