Plaintiff's motion in limine to limit expert testimony on direction and control was granted in part. "Defendants’ expert’s testimony regarding 'direction and control' has a valid connection to the pertinent inquiry of joint infringement and has a sufficiently reliable factual basis. . . . The ultimate legal conclusions regarding direction and control, however, are not a proper subject of testimony by a technical expert. A technical expert’s testimony on direction and control, if any, should be limited to the ability of the alleged 'mastermind,' from a technical standpoint, to control another party’s systems, actions, or performance."
Datatreasury Corp. v. Wells Fargo & Co. et al., 2-06-cv-00072 (TXED September 13, 2010, Order) (Folsom, J.)