Posted on March 27, 2007 by Kevin Lemley

Expert Testimony Stricken in Patent Case

The District Court of Minnesota granted a motion to strike an expert witness report in Cardiac Science, Inc. v. Koninklijke Philips Electronics N.V., 2007 WL 685137 (D. Minn. 3/2/07).

 

This is the latest round of the 4-year old patent infringement case involving Cardiac Science and Koninklijke Philips.  Cardiac Science wanted to change experts. In late 2006 the court entered an order that permitted the change but imposed some limitations. The biggest limitation was that the new expert could not offer opinions that were contradictory or inconsistent with the first expert' s opinions.

 

The new expert's report provided opinions that were new and contradictory to the original expert's opinions. The court struck these opinions as violating the 2006 order.

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