Judge Andrews recently considered defendants’ motion to exclude plaintiffs’ nine experts in advance of a bench trial. VIIV Healthcare UK Ltd. v. Lupin, C.A. No. 11-576-RGA (D. Del. May 30, 2013). In support of their motion, defendants submitted more than “1600 pages of appendices . . . , as well as briefing not only on the merits but on collateral argumetns such as compliance with the local rules and the submission of an expert affidavit.” Id. Judge Andrews denied defendants’ motion and instructed defendants as to the procedure to renew the objections at trial. Id. at n.1. In doing so, Judge Andrews noted:
While I acknowledge the “gate-keeper” function of a federal trial judge, it is inefficient in the extreme to spend hours trying to figure this out in advance of a bench trial in which the likelihood is that the experts are going to testify in any event. In addition, live testimony and cross-examination, in the context of the issues actually in dispute at trial, are much more likely to result in a correct decision from me about whether an expert is giving appropriate reliable scientific testimony, or using bad data and/or inappropriate methods to reach unreliable conclusions.
Id. at. 1-2.