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Judge Andrews denies motion to exclude expert testimony without prejudice to renew motion following bench trial

Judge Andrews recently denied, without prejudice to renew, defendant’s motion to preclude plaintiff’s expert testimony.  Sanofi-Aventis U.S. LLC v. Eli Lilly and Company, C.A. No. 14-113-RGA (D. Del. Aug. 18, 2015).  Judge Andrews noted that because the upcoming trial is a bench trial, “[l]ive testimony and cross-examination are much more likely to result in a correct decision from me about whether the experts are giving appropriate scientific testimony[.]”  Id. at 1.  Judge Andrews instructed defendant to make an appropriate objection at trial to preserve its Daubert challenge.  Id. at 1-2.

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