Infringement Expert Must Analyze Every Asserted Claim Limitation Even If Opposing Discovery Responses Indicate Certain Limitations Are Not Disputed

The court granted plaintiff's motion to exclude the testimony of defendants' infringement expert because the expert failed to address each limitation of the asserted claims. "Defendants' argument that they need only address elements identified in plaintiff's response to its interrogatories or in [plaintiff's expert's] non-infringement report is inapposite as it does not address the issue at bar, whether [defendants' expert's] testimony lacks sufficient foundation. [Defendants' expert's] report fails to demonstrate that [he] considered each limitation of each asserted claim in comparison to each accused product before rendering his infringement opinions. . . . There is no way to determine if 'every limitation set forth in a claim is found in an accused product, exactly,' without accounting for each limitation."

Medtronic Inc. v. Boston Scientific Corporation, et. al., 1-07-cv-00823 (DED March 30, 2011, Order) (Robinson, J.)