`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
`
`
`
`
`
`
`
`Civ. Action No. 1:17-cv-00687
`
`
`
`OPTOLUM, INC.,
`
`
`Plaintiff,
`
`v.
`
`CREE, INC.,
`
`Defendant.
`
`
`DEFENDANT CREE INC.’S OMNIBUS MOTION IN LIMINE
`
`Pursuant to Federal Rule of Evidence 401, 402, 403, 802,
`
`and this Court’s inherent authority, Defendant Cree Inc.
`(“Cree”) moves to exclude Plaintiff OptoLum, Inc.
`(“OptoLum”)from offering evidence or other argument in a
`number of respects. Specifically, Cree moves this Court:
`1. To preclude OptoLum from introducing evidence or
`argument in support of a claim for false advertising
`under the Lanham Act, 15 U.S.C. § 1051, or a claim
`for unjust enrichment;
`2. To preclude OptoLum from introducing evidence or
`argument concerning Unasserted Patents And
`Comparisons Of Any Cree Patents To Any OptoLum
`Patents;
`3. To preclude OptoLum from introducing evidence or
`argument that Cree did not cite OptoLum’s U.S. Patent
`No. 6,573,536 as prior art in any Cree patent
`application;
`4. To preclude OptoLum from introducing evidence or
`1
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`
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`Case 1:17-cv-00687-WO-JLW Document 253 Filed 03/15/21 Page 1 of 4
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`
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`argument concerning OptoLum’s willfulness allegations
`based on the unasserted ’536 Patent; and
`5. To preclude OptoLum from introducing evidence or
`argument concerning the denial of institution by the
`USPTO of an inter partes review of the U.S. Pat. Nos.
`6,831,303 (“the ‘303 Patent) and 7,242,028 (“the ‘028
`Patent”).
`6. To preclude OptoLum from introducing expert reports
`as evidence.
`Cree submits herewith a brief which explains with
`
`particularity the basis for this motion.
`
`WHEREFORE, for the reasons set forth in the accompanying
`brief, Cree respectfully requests that the Court grant Cree’s
`Omnibus Motion In Limine.
`
`Respectfully submitted, this 15th day of March, 2021.
`
`Respectfully submitted,
`
`
`By: /s/ Blaney Harper
`Blaney Harper
`JONES DAY
`51 Louisiana Avenue, N.W.
`Washington, D.C. 20001-2113
`Telephone: (202) 879-3939
`Facsimile: (202) 626-1700
`Email: bharper@jonesday.com
`
`/s/ Lynne A. Borchers
`Lynne A. Borchers
`NC State Bar No. 32386
`SAGE PATENT GROUP
`
`
`
`
`
`2
`
`Case 1:17-cv-00687-WO-JLW Document 253 Filed 03/15/21 Page 2 of 4
`
`
`
`4120 Main at North Hills Street,
`Suite 230
`Raleigh, NC, 27609
`Telephone: 984-219-3358
`Facsimile: (984) 538-0416
`Email: lborchers@sagepat.com
`
`Attorneys for Defendant Cree,
`Inc.
`
`
`
`3
`
`Case 1:17-cv-00687-WO-JLW Document 253 Filed 03/15/21 Page 3 of 4
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
`
`
`OPTOLUM, INC.,
`Plaintiff,
`
`Civ. Action No. 1:17-cv-00687
`
`
`
`v.
`CREE, INC.,
`Defendant.
`CERTIFICATE OF SERVICE
`I hereby certify that on March 15, 2021, I
`electronically filed the foregoing with the Clerk of the
`Court using the CM/ECF system, which will send notification
`to counsel of record.
`
`
`
`
`
`
`/s/ Lynne A. Borchers
`Lynne A. Borchers
`
`
`
`
`
`4
`
`Case 1:17-cv-00687-WO-JLW Document 253 Filed 03/15/21 Page 4 of 4
`
`
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