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Judge Andrews excludes parties’ patent law experts

In St. Jude Medical v. Volcano Corporation, C.A. No. 16-631-RGA-MPT (D. Del. June 15, 2012), Judge Andrews recently considered the parties’ motions to strike expert reports. Plaintiff moved to strike the expert report of defendant’s patent law expert. Id. at 1. Judge Andrews granted plaintiff’s motion finding that the contents of the report, which was “akin to a legal brief” on patent law, was not the appropriate subject of expert testimony and would not assist the trier of fact. Id. Defendant moved to strike the expert reports of plaintiff’s inequitable conduct experts. Id. Noting that no inequitable conduct defenses would be presented to a jury, and noting that portions of the reports might be inadmissible or irrelevant, Judge Andrews declined to strike the reports because parts of the reports were admissible and would assist the Court as the trier of fact on inequitable conduct. Id. at 2.


St. Jude Medical v. Volcano Corporation, C.A. No. 16-631-RGA-MPT (D. Del. June 15, 2012)

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