News & Analysis as of

Expert Testimony Motion To Strike

Goldberg Segalla

Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

Goldberg Segalla on

Court: United States District Court for the District of Montana, Great Falls Division - From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a...more

McDermott Will & Emery

Game Over when Expert Fails to Use Correct Claim Construction

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that a district court did not abuse its discretion in striking expert testimony where the testimony did not rely on an agreed and court-adopted claim construction....more

Goldberg Segalla

District Court Denies Motion to Strike Expert Testimony

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana, August 23, 2022 - Decedent Callen Cortez sued defendant Hopeman Brothers Inc., among others, claiming that alleged asbestos exposures caused him to develop...more

Fox Rothschild LLP

Judge Andrews Grants Defendant’s Motion To Strike Plaintiff’s Untimely Disclosed Theories Of Patent Infringement In Opening Expert...

Fox Rothschild LLP on

By Memorandum entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. February 19, 2021), the Court granted Defendant’s motion to strike barring...more

Hinshaw & Culbertson - Health Care

$50M Jury Verdict Overturned on Appeal Because Evidence of Autism Excluded at Trial: Hinshaw's Annual Guide to Key Illinois...

Did a trial court err in excluding evidence of subsequent formal diagnosis of autism when potentially alternative cause of current condition of minor? Julien Florez v. Northshore University Healthsystem d/b/a Evanston...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Strikes from IPR Record References Introduced After Institution that Purportedly Showed State of the Art

The Patent Trial and Appeal Board has granted in part a Patent Owner’s motion to strike Petitioner’s Reply for improperly raising new arguments and citing new evidence. The Board, however, declined to throw out the entirety...more

Knobbe Martens

Recent Update on Patent Trial Practice Guide

Knobbe Martens on

The United States Patent and Trademark Office (USPTO) published an update to the AIA Trial Practice Guide (‘‘Trial Practice Guide’’) in August 2018 to revise guidance on practices before the Patent Trial and Appeal Board...more

Morris James LLP

Court of Chancery Explains Need for Adequate Pre-Trial Expert Disclosures

Morris James LLP on

Project Boat Holdings LLC v. Bass Pro Group LLC, C.A. No. 12606-VCS (Del. Ch. Aug. 10, 2018) - Court rules require pre-trial disclosures regarding testifying experts and the subjects they will opine on....more

Carlton Fields

The Sentinel Strike: The Hartford’s Gift To New York Insurers In The War To Stop Policyholder Experts From Claiming Ambiguities...

Carlton Fields on

In this age of exponentially increasing technology, we can rely on one certainty in property casualty jurisprudence – that is, bold policyholder assertions supported by even bolder “expert” opinions. In BF Advance, LLC v....more

Jaburg Wilk

Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind

Jaburg Wilk on

The Holding - In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert...more

Proskauer - New England IP Blog

Court Bounces Untimely Extrinsic Evidence in Claim Construction Phase

In order to carry out the “just, speedy, and inexpensive determination” of the cases before them, courts rely on scheduling orders to ensure that cases move forward in a timely and efficient manner. In patent cases, where...more

Carlton Fields

What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges

Carlton Fields on

Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s...more

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