Don’t like being called a “patent troll”? Tell it to the judge.
DNT LLC is suing Sprint and Nextel over patents covering various wireless modem cards offered by Sprint and other vendors. The case raises round-peg-in-a-square-hole questions like, does a USB device fit into a credit card slot and thus meet the test to prove infringement under the “doctrine of equivalents.” No, the court said.
Each side also filed 10 motions in limine, challenging each other’s expert witnesses and evidence.
U.S. District Judge James R. Spencer granted the plaintiff’s motion that sought to preclude defendant from using “derogatory terms such as ‘patent troll.’” Spencer agreed that the “prejudicial impact outweighs any probative value.” He noted that defendants agreed not to use the term.
At least in court.
By Deborah Elkins