Thursday, October 13, 2011

Expert Testimony on Anticipation Barred for Failure to Conduct Limitation-by-Limitation Comparison in Report

The court granted defendant's motion to clarify the court's prior ruling that defendant's invalidity expert's report was not helpful because it did not perform a limitation-by-limitation comparison. "[Defendant's expert's] opinions on anticipation are excluded in their entirety. Defendant may not attempt to prove anticipation in this case absent an expert's testimony."

Asahi Glass Co Ltd., et. al. v. Guardian Industries Corp., 1-09-cv-00515 (DED October 11, 2011, Order) (Robinson, J.)

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