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Expert Testimony Exclusions

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Affirms Exclusion of Expert Opinion Based on Unjustified Analogy

In the space of a single paragraph, General Electric Co. v. Joiner softened Daubert’s comment that a court’s assessment of expert opinion admissibility should focus “solely on principles and methodology, not on the...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Nails Unqualified Expert

On January 21, in Kyocera Senco Industrial Tools Inc. v. ITC, the Federal Circuit found that the patent owner’s expert witness on infringement was unqualified under the definition of the level of ordinary skill in the art...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

Katten Muchin Rosenman LLP

Third Circuit Holds that District Court Improperly Excluded Expert Testimony in Securities Fraud Case

The US Court of Appeals for the Third Circuit recently reversed a district court’s decision to exclude expert testimony in a case involving allegations of securities fraud. The court distinguished the loss causation and...more

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