- Motion for preliminary injunction
- Motion for summary judgment
- Motion for bifurcation
- Motion in limine
If a patent owner obtains a preliminary injunction, the patent owner will typically be required to post a bond to cover the accused infringer’s potential losses in the event that the patent owner is found not liable for infringement at trial.
A motion for summary judgment is a request for a resolution of one or more issues in dispute without trial. The issue may result in a resolution of a relatively minor facet of this case or may result in a complete resolution of the case when there are no material facts in dispute.
A motion for bifurcation is a request to hold separate trials to resolve separate issues within the case. Patent cases are commonly bifurcated into separate trials concerning infringement and damages. The theory being that it may not be necessary to resolve the issue of damages if there is no infringement. Courts may also bifurcate the issues of validity and infringement.
A motion in limine is merely a request to exclude certain evidence from being presented at trial. Attorneys often bring multiple motions in limine prior to the start of the trial, so that they can determine how a judge is likely to resolve certain evidentiary issues and can plan accordingly.
The above list of motions is by no means exhaustive. Many other motions requesting such remedies as transfer, stays and the compelled production of discovery may be brought by the parties.