Judge Andrews denies motion to preclude portion of expert's testimony in advance of bench trial
Judge Richard G. Andrews recently denied defendants' motion to preclude plaintiff's expert "from testifying about 'written description' and that 'a solution is a solvate[,]' . . . in advance of a bench trial in which the expert [was] going to testify in any event." GlaxoSmithKline LLC v. Anchen Pharms. Inc., et al., C.A. No. 11-46-RGA (D. Del. Dec. 11, 2012). Judge Andrews noted that "live testimony and cross examination" would better able him to reach a "correct decision" on whether the expert's testimony was appropriate. Id. Judge Andrews also added that defendants' submission sounded "like cross-examination material[,]" and were he a "cynic" he would think that defendants filed their motion to ensure he was "paying attention when this cross-examination happens." Id. n.1.