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Judge Burke denies GlaxoSmithKline’s Daubert motion to exclude expert on pharmacy drug dispensing

Magistrate Judge Christopher J. Burke recently considered plaintiffs’ motion to exclude defendants’ expert’s testimony regarding “how the dispensing of prescription drugs occurs at pharmacy, and to discuss the factors that influence which product ultimately is dispensed for a particular prescription.”  GlaxoSmithKline LLC, et al., v. Glenmark Pharmaceuticals Inc., USA, No. 14-877-LPS-CJB, at 3  (D. Del. May 2, 2017).   Judge Burke found the expert’s proposed testimony was sufficiently reliable as “Defendants [] sufficiently explained how [the expert’s] past and present work experience provide[d] a firm foundation for her opinions.”  Id. at 7.   Judge Burke also found that the expert’s proposed testimony fit the facts of the case because the expert’s testimony would be “based on her experience working with and overseeing numerous pharmacies in the United States regarding how [the relevant] prescriptions are filled.”  Id.at 11.

GlaxoSmithKline LLC, et al., v. Glenmark Pharmaceuticals Inc., USA, No. 14-877-LPS-CJB, at 3 (D. Del. May 2, 2017)

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