Wednesday, April 1, 2009

Testimony of Comma Expert Considered in Connection with Claim Construction

The court denied Defendant's motion to strike the declaration of plaintiff's expert, an English Professor, on "the proper function of a comma." "[The expert] is qualified to testify as to the function of a comma in English grammar . . . To the extent Defendant argues that [the expert's] opinion contradicts the intrinsic evidence or that [she] does not have expertise in the specific technical area of the [patent-in-suit], the Court finds that these issues merely impact the weight that should be given to [her] opinion."

American Patent Development Corp. LLC v. Movielink LLC, 1-07-cv-00605 (DED March 27, 2009, Memorandum Opinion)

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