Friday, October 8, 2010

Technical Expert may not Testify as to Conception Date

Plaintiffs' motion in limine to preclude testimony by defendants' technical expert regarding the date of conception was denied in part. "[Defendants' expert] may testify regarding the evolution of [plaintiffs'] patent applications’ description of the invention. . . . He may not, however, speculate in light of this evolution as to when the idea for the latter use actually was first conceived."

Bone Care International LLC et al v. Pentech Pharmaceuticals, Inc., 1-08-cv-01083 (ILND October 1, 2010 Memorandum Opinion & Order) (Dow, J.)

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