In a recent order, Judge Gregory M. Sleet denied the parties’ motions to exclude the testimony of various experts. In particular, Judge Sleet denied plaintiffs’ motion to exclude defendant’s technical and damages experts, and defendant’s motion to exclude plaintiffs’ damages expert. L’Oréal S.A. v. MSD Consumer Care, Inc., C.A. No. 12-99-GMS (D. Del. Feb. 4, 2015).
Judge Sleet found that while the defendant’s technical expert possessed “extraordinary skill in the art of photochemistry,” he did “not satisfy his own definition of one having ordinary skill in the art” as to the subject matter in dispute. Id. at 1 n.1. Judge Sleet explained why the Court would nevertheless permit defendant’s technical expert to testify. Id. Judge Sleet found that “[w]hile there may not be absolute overlap between the fields of photochemistry and sunscreen formulation, the court is convinced that the nexus is sufficiently close such that [the expert’s] testimony is ‘likely to assist the trier of fact to understand the evidence or to determine infringement’ or invalidity.” Judge Sleet further noted that “[t]his is not a situation where [the expert’s] expertise is so far removed from the subject sub-specialty, that he is rendered unqualified to offer his opinion to the fact finder.” Id.