First american CoreLogic, Inc. v. Fiserv, Inc. et al, No. 2:10-cv-00132 (E.D. Tex. Sept. 23, 2012)

Before the Court are Plaintiff CoreLogic Information Solutions, Inc.’s Motions in Limine (Dkt No. 347, filed August 20, 2012) and Defendants’ Motions in Limine (Dkt. No. 349, filed August 20, 2012). The Court heard argument on several of the motions during the pretrial hearing held on September 6, 2012. See Pretrial Hr’g Tr., Dkt. No. 404. On September 20, 2012, the Court issued a ruling on a number of the motions. See Dkt. No. 411. This order addresses the remaining motions.

The Court’s ruling on a motion in limine is not a definitive ruling on the admissibility of evidence. An order granting a motion in limine is an order to approach the bench and seek leave from the Court prior to presenting the evidence covered by the order to the jury. Similarly, an order denying a motion in limine does not relieve a party from making an objection at trial.

CoreLogic’s Motion in Limine No. 4 (Evidence that CoreLogic Licenses Data to DataQuick) is DENIED.

CoreLogic’s Motion in Limine No. 5 (Evidence that Non-Infringing Alternatives Exist) is DENIED.

CoreLogic’s Motion in Limine No. 6 (Evidence that CoreLogic Has Not Accused Other Products of Infringement) is DENIED.

2Interthinx’s Motion in Limine No. 3 (Exclude Evidence of the Entire Market Value of the FraudGUARD Product) is GRANTED AS MODIFIED: No reference shall be made to the unapportioned revenue or profit earned from the sales of accused products.

Interthinx’s Motion in Limine No. 4 (Preclude CoreLogic From Introducing Evidence That FraudGUARD Competes With CoreLogic’s AVMs) is DENIED.

Defendants’ Motion in Limine No. 5 (Exclude Evidence Based on Court’s Ruling Patent Marking Motion) is DENIED.

Defendants’ Motion in Limine No. 6 (Preclude Evidence on the Absence of Non-Infringing Alternatives) is DENIED.

Defendants’ Motion in Limine No. 8¹ (Preclude Evidence Excusing Evidence of Delay) is GRANTED: Laches is an equitable issue that will be tried to the bench after the jury trial.