Last Thursday, in Boston Scientific Corp. v. Cordis Corp., Civ. No. 10-315-SLR (D. Del. Apr. 28, 2011), Judge Robinson issued a memorandum order allowing the defendant to (1) present clinical trial data as evidence, and (2) present Dr. Campbell Rogers as a fact witness.
Judge Robinson noted that the clinical trial data “may be relevant under the entire market value rule,” and that excluding the data would “parse the actual story of this dispute with too broad a stroke.” Id. at 1. Judge Robinson also limited Dr. Rogers’s testimony regarding the clinical trial data “based upon the determination of the clinical trial data’s relevance[.]” Id. at 2.