IP Litigation Attorney in Washington, District of Columbia
Thoughts on Motions to Exclude
Thoughts on Motions to Exclude
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00:04
well it’s important to make timely
00:06
objections uh for a motion to exclude
00:09
however prudence is needed
00:11
for both the objection and for the
00:13
motion to exclude
00:15
and what we see is that
00:16
those who are not very experienced often
00:19
go overboard
00:20
and and the board’s quite reluctant to
00:23
exclude evidence it’s important to
00:25
realize that an objection opens the door
00:28
for the other side to submit more and
00:30
better evidence and cure the objection
00:33
so the low likelihood of success
00:36
and the chance of actually harming your
00:38
case
00:39
usually cautions against making many
00:41
objections another issue that we see
00:45
and that we find problematic is that the
00:48
timing for
00:49
a motion to exclude the opposition the
00:52
reply uh
00:54
the the deadlines for the those
00:57
are quite compressed
00:58
and they occur right before
01:00
the oral argument and since they’re
01:03
typically not going to move the needle
01:04
in terms of the final outcome anyway
01:06
it’s a bit of a distraction and so it’s
01:09
it’s important that the attorney who
01:12
is going to be leading the oral argument
01:15
isn’t distracted with these evidentiary
01:17
issues and so we usually have a
01:19
different team member focus on the
01:21
evidentiary issues
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Washington, D.C. intellectual property lawyer Kevin Laurence shares his thoughts about objections and motions to exclude.
