Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

Contact  |  View Bio  |  RSS

Latest Posts › Expert Testimony

Share:

District Court Precludes Plaintiff from Presenting Damage Theories That Were Not Disclosed in Rule 26(a) Disclosures

The plaintiff, Radware, planned to present damages theories in its closing argument seeking more than twice the damages that its retained expert on damages computed. The district court noted that "[w]hile expert testimony is...more

3/28/2016 - Calculation of Damages Closing Arguments Discovery Expert Testimony Patent Litigation Rule 26

District Court Declines to Exclude Damage Expert Even Though Expert Relied Upon Information Not Disclosed During Discovery

Plaintiffs Equistar Chemicals, LP and MSI Technology, LLC accused Westlake Chemical Corporation ("Westlake") of infringing U.S. Patent No. 7,064,163. The asserted patent relates to a method of making polyolefin-based adhesive...more

3/15/2016 - Cross Examination Damages Daubert Hearing Discovery Expert Testimony Federal Rules of Evidence Patent Infringement Patent Litigation

District Court Denies Plaintiffs' Motion to Exclude Damage Expert Report Where Expert Relied Upon Comparable Licenses

In this patent infringement action, Plaintiffs filed a motion to exclude the defendant's damage expert. The motion sought to exclude portion of the defendant's expert report on damages, in particular the "market share...more

3/4/2016 - Expert Testimony IP License Motion to Exclude Patent Infringement

District Court Grants Motion to Strike Damage Expert Where Damage Expert Did Not Serve Report Prior to Court Deadline

In this patent infringement suit, Defendants and Counterclaimants James Stephens and Spectrum Laboratories, LLC ("Spectrum") moved to strike the report of Plaintiff's damages expert, Robert Taylor. Spectrum argued that the...more

2/26/2016 - Damages Expert Testimony Motion To Strike Patent Infringement Patent Litigation

District Court Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101

Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. ("Metaswitch") filed a motion to strike plaintiff's expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible...more

1/26/2016 - Expert Testimony Motion To Strike Patent-Eligible Subject Matter Patent-in-Suit

Expert Patent Valuation Opinion Based on Forward Citation Analysis Survives Daubert Challenge

Plaintiff Better Mouse Company's ("Better Mouse") filed a motion to strike portions of the rebuttal expert report and exclude testimony of Richard Eichmann. Better Mouse asserted that the district court should exclude Mr....more

1/20/2016 - Daubert Standards Expert Testimony Patent Litigation Patents Valuation

District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence

The defendants filed a motion for leave to have the forensic expert report of Curtis Rose considered as affirmative evidence. The defendants timely served Rose's expert rebuttal report but sought to use his opinions as...more

1/14/2016 - Discovery Expert Testimony Garmin International Motion for Leave Patent Litigation

Even though Defendant filed Disguised Daubert Motion that Court Called "Untimely" and "Lame," the District Court Granted the...

In this patent infringement action, Defendant R/X Automation Solutions filed a motion in limine to exclude one of plaintiff's experts. The district court concluded that the motion was an untimely Daubert motion because the...more

10/13/2015 - Daubert Standards Expert Testimony Patent Infringement Patent Litigation Patents

District Court Denies Motion to Exclude CEO from Providing Expert Testimony on Infringement

Defendant filed a motion to strike plaintiff's expert report on infringement, asserting that the report failed to comply with Fed.R.Civ.P. 26 because, among other things, the report did not constitute a written report under...more

8/31/2015 - Expert Testimony Expert Witness Federal Rules of Civil Procedure Information Reports Motion To Strike Patent Infringement Patents Rule 26

District Court Orders Submission of Expert Reports on Damages to Determine Proper Usage of Entire Market Value Rule

Invista North America S.A. R.L. ("Invistia") filed a patent infringement action against M&G USA Corporation ("M&G"). As the case progressed toward trial, both parties exchanged expert reports on damages, which implicated the...more

5/26/2015 - Expert Testimony Patent Infringement Patent Litigation Patents Valuation Experts

District Court Denies Motion to Exclude Expert Testimony on the Ground That the Expert Was Not a Person Having Ordinary Skill in...

Defendants sought to exclude the testimony of Plaintiff's expert Joseph C. McAlexander III in its entirety because he lacked the appropriate technical background. In their motion, Defendants alleged that Mr. McAlexander's...more

5/2/2015 - Admissibility Expert Testimony Motion to Exclude Patents

Expert Is Not Permitted to Testify to Alternate Hypothetical Negotiation Dates Where No Hypothetical Negotiation Was Conducted for...

After the parties submitted expert reports in this patent infringement action, Ford objected to Eagle Harbor's damage expert's expected testimony and demonstratives. Ford objected to Eagle Harbor's evidence because it...more

3/31/2015 - Evidence Expert Testimony Patent Litigation Patent Royalties Patents Royalties

District Court Denies Motion to Exclude Defendants' Experts from Claim Construction But Orders the Defendants to Supplement Their...

In this patent infringement action, the plaintiff filed a motion to exclude the defendants' claim construction experts. The plaintiff's motion was based on the argument that the defendants' disclosures did not comply with...more

2/2/2015 - Claim Construction Expert Testimony Patent Litigation Patents

Daubert Motion Denied Where Defendant Had "Salubrious Fodder" for Cross-Examination If Plaintiff's Expert Used Wrong Source Code

Defendant Adobe Systems ("Adobe") filed a Daubert motion seeking to limit the testimony of plaintiff EveryScapes' expert, Dr. Maja Bystrom ("Dr. Bystrom"), for three reasons. First, Adobe sought to exclude the...more

12/30/2014 - Adobe Daubert Standards Expert Testimony Patent Infringement Patent Litigation Patents

Daubert Challenge to Damage Expert Denied Where Contested Matters Were for Cross-Examination and Not Proper for Exclusion

In this patent infringement action, Apple challenged the opinions of the plaintiff's damage expert on several bases, including the determination of a royalty rate based on the price of third-party applications....more

12/29/2014 - Apple Daubert Standards Expert Testimony Patent Infringement Patent Litigation Patent Royalties Patents Royalties

Motion to Strike "Errata Sheets" to Deposition Testimony Granted Where Plaintiff's Expert Witnesses Changed Answers from "No" to...

In this patent infringement action, the defendant filed a motion to strike the "errata sheets" to deposition testimony of two of plaintiffs' expert witnesses, Neill Luebke and Robert Sinclair. The plaintiff opposed the motion...more

12/29/2014 - Depositions Expert Testimony Motion To Strike Patent Infringement Patent Litigation Patents

Motion to Strike Expert Testimony Denied Even Though Expert Had Never Used Product and Examined Only Selected Pieces of Source...

In this patent infringement action, the defendant moved to exclude portions of the plaintiff's (Dr. Bambos') expert testimony. Defendant argued that Dr. Bambos lacks familiarity with the infringing products, relied too...more

10/15/2014 - Expert Testimony Expert Witness Motion To Strike Patent Litigation Patents

Court Denies Motion to Compel Plaintiff's Expert Testimony Prior to Claim Construction

Plaintiff Glas-Weld Systems, Inc., filed a patent infringement and unfair competition action against defendants Michael P. Boyle, dba Surface Dynamix, and Christopher Boyle. Plaintiff moved for partial summary judgment and to...more

7/7/2014 - Claim Construction Expert Testimony Patent Infringement Patent Litigation Patents

Golden Bridge v. Apple: No Third Bite at the Apple as Damage Expert Excluded After Two Failed Reports and Where Trial Was Already...

Two weeks earlier, the court excluded the expert opinion and testimony of Plaintiff Golden Bridge Technology's ("GBT") damages expert. Nonetheless, the court gave GBT one week to submit a new report based on a new theory....more

6/18/2014 - Apple Damages Expert Testimony Expert Witness Patent Infringement Patent Litigation Patents Standard Essential Patents

Invalidity Expert Excluded Where Expert Failed to Conduct a Proper Written Description Analysis

Plaintiff Trading Technologies International, Inc. ("TT") moved to strike the invalidity expert report of the defendant, CQG. TT made two arguments its motion: " that Dr. Mellor failed to conduct a proper written description...more

6/12/2014 - Evidence Exclusions Expert Testimony Expert Witness Patent Infringement Patent Litigation Patents

Plaintiff Precluded from Using Deposition Testimony of Defense Expert Where Plaintiff Procured the Absence of the Expert

Novartis sought to use the deposition testimony of defendant's expert at trial under Fed.R.Civ.P. 32(a)(4)(B). As explained by the district court, "the Rule provides that a party may use the deposition of a witness for any...more

5/12/2014 - Depositions Expert Testimony Expert Witness Litigation Strategies Novartis Patent Litigation Patents Pharmaceutical Industry Trials

Infringement Expert Excluded Where Expert Did Nothing More Than Parrot Claim Language in Infringement Analysis

Plantronics, Inc. ("Plantronics") filed a patent infringement action against ALIPH, Inc. ("ALIPH"). After expert reports were submitted, ALIPH moved to exclude the expert report of Plantronics' infringement expert. At...more

3/12/2014 - Expert Testimony Expert Witness Infringement Patent Infringement Patent Litigation Patents

Taser Takes Down Expert in Patent Infringement Action Where Electrical Engineer Was Not Qualified to Offer Expert Opinions on...

Taser International, Inc. ("Taser') proceeded to trial on its patent infringement action against Karbon Arms, LLC ("Karbon Arms"). After expert reports and with the trial approaching, Taser filed a motion to exclude the...more

1/2/2014 - Expert Testimony Expert Witness Infringement Patents

Kimberly-Clark v. First Quality: District Court Excludes Expert Testimony on Obviousness for Failure to Include the Opinion on...

Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark) filed a patent infringement action against First Quality Baby Products, LLC ("First Quality") over a variety of patents relating to disposable absorbent products, such as...more

12/23/2013 - Evidence Exclusions Expert Testimony Expert Witness Obviousness

District Court Excludes Royalty Calculation of Defense Expert Where Expert Used an Incorrect Date for the Hypothetical Negotiation

As Cassidian Communications, Inc.'s ("Cassidian") patent infringement case against Microdata GIS, Inc. ("Microdata") moved toward trial, Cassidian moved to exclude the testimony of defendants' expert. The motion to exclude...more

12/16/2013 - Evidence Exclusions Expert Testimony Negotiations Royalties

29 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×