Free Motion in Limine - District Court of Federal Claims - federal

Case 1:92-cv-00580-EJD

Document 295

Filed 01/22/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________ SPARTON CORPORATION, ) ) Plaintiff, ) ) v. ) No. 92-580C ) Chief Judge Edward Damich THE UNITED STATES, ) ) Defendant. ) SPARTON CORPORATION'S MOTION IN LIMINE Sparton Corporation ("Sparton"), in compliance with the Court's June 20, 2007 Order, paragraph 2ci(4), (Doc. 290), files a motion in limine to exclude any evidence relating to two subjects. The first subject is defendant's claim that

it possesses a license under the suit patents by virtue of contract No. N00019-70-C-0133. This claim was first

advanced by defendant on December 15, 2006 subsequent to the close of discovery. No discovery was permitted by this

Court after the close of discovery, and none was taken by Sparton. The documents on which defendant has relied in

support of this defense were produced well over ten years from the date defendant first asserted this claim. In other

words, when faced with the prospect of a trial, defendant began reviewing the documents produced by Sparton in the beginning of this case. The claim is stale and untimely.

The second subject is defendant's claim that it possesses data rights to the suit patents as a result of Contract N00019-69-C-0465. This claim first appeared in defendant's

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Case 1:92-cv-00580-EJD

Document 295

Filed 01/22/2008

Page 2 of 2

proposed additional findings of fact served November 19, 2007, fifteen years after this litigation began and well after the close of discovery and after this Court refused to permit Dean Ralph Nash, an expert in government contract data rights, to testify as an expert at trial. is even more stale than the one noted above. This claim

In view of the

loss of the discovery right and the loss of a renowned expert in the field in which defendant now makes a stale claim, this Court should exclude the requested subject matter. Respectfully submitted, Sparton Corporation, Plaintiff Dated: January 22, 2008 s/Steven Kreiss Steven Kreiss Attorney for Plaintiff 1120 Connecticut Avenue NW Suite 433 Washington D.C. 20036 Telephone: (202) 347-6382 Facsimile: (202) 347-7711

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