Judge Albright Begins Issuing Standard Order on Motions in Limine Similar To Judge Gilstrap’s December 2022 Standing Order

Judge Albright is issuing in many of his patent cases a sua sponte order on motions in limine that are very similar to the standing order the Judge Gilstrap issued in December 2022. Just as Judge Gilstrap did, Judge Albright is imposing a set of standard limine rulings to be applied to all parties and is only allowing each party to propose and argue up to five (5) of their own motions in limine at the pretrial conference. Judge Albright is specifically ordering that any limine motions outside these limits will not be considered. 

Judge Albright has entered more than 20 court MILs that will apply to patent cases, including MILs regarding pretrial proceedings or issues, a party’s financial size, wealth, or executive compensation, and arguments that another person or entity is greedy, corrupt, evil, dishonest, or that a party has stolen, copied, misappropriated, pirated, trespassed, or similar terms. Some other court-ordered MILs include introducing arguments that a person or entity is a patent troll, pirate, or similar terms, discussions on attorney-fee compensation, and discussions as to whether the venue is proper. The only major differences in his order from Judge Gilstrap’s are that Judge Albright has no court-ordered MIL regarding (1) dropped claims or defenses, (2) the presence or absence of any party’s corporate representative, employee, or other witness, and (3) suggestions that the opposing party failed to call any witness and any statements regarding probable testimony of an absent/unavailable witness.

To see the full list of court-ordered MILs, please click here.