• Home
  • Services
  • IP Value Blog
  • FAQ
  • About Us
  • Contact

VLF Consulting, Inc.

  • Can You Daubert an Expert For Offering Too Much Information? Tough Sell.

    September 6, 2011 Daubert
    • Tweet

    I’ve been involved in cases where counsel tried to exclude an expert opinion for having too few opinions, thus acting as a human calculator, but this is the first time I have seen an attempt to Daubert an expert for being too thorough. It wasn’t successful.

    Here the court denied plaintiff’s motion to exclude the defendant’s expert opinion on invalidity. DataQuill contended that the report “fails to state the testimony the witness is expected to present during direct examination at trial” because it identifies an ‘unwieldy’ number of invalidity theories.” But the court concludes that “DataQuill has not provided the Court with any authority to support its argument” and that a “thorough reading of the report will allow DataQuill to adequately prepare to rebut and cross-examine Mr. Lanning about his opinions.” This Daubert motion may well have been a hail-mary, as plaintiffs apparently struggled to meet the deadlines in rebutting the large number of opinions. Throwing them a bone, the court extended their rebuttal report deadline by a few weeks.

    DataQuill Limited v. High Tech Computer Corp., 3-08-cv-00543 (S.D. CA, August 26, 2011, Order) (Skomal)

    Leave a Reply

    Click here to cancel reply.
  • SEARCH

    What we do

    IP Value Blog focuses on news and current court cases regarding intellectual property valuation. IP Value Blog is published by Eric Phillips of VLF Consulting.

    Subscribe via Email

    TAGS

    25% Rule, Apportionment Techniques, Data Considered, Date of Hypothetical Negotiation, Daubert, Entire Market Value Rule, Forward Citation Analysis, Hypothetical Negotiation, Jury Verdict Form, License Agreement Comparability, Lost Profits, Lump Sum, Method Claims, Nash Equilibrium, Non-Infringing Alternatives, Patent Reform Act, Post-Judgment Royalty, Prejudgment Interest, Royalty Base, Royalty Rate, Surveys, Use of Settlement Agreements
  • LinkedIn
© VLF Consulting, Inc. 2025
  • Privacy Policy