mophie inc v. Dharmesh Shah et al, 8-13-cv-01321 (CACD December 2, 2014, Order) (Gee, J.)
Thursday, December 4, 2014
Evidence of Plaintiff’s Attempt to Retain Defendant’s Damages Expert Precluded
The court granted plaintiff's motion in limine to preclude any reference to plaintiff's attempt to retain defendant's expert. "Unbeknownst to [plaintiff], Defendants retained . . . [their] expert to evaluate and analyze damages relating to [plaintiff's] infringement claims. . . . [Plaintiff] subsequently contacted [that expert] regarding the possibility of serving as a damages expert in this lawsuit, and [he] informed [plaintiff] that he had a conflict. . . . Defendants argue that [the expert's] experience and reputation are important factors that a jury will consider in deciding whether to accept his conclusions, and thus [the expert's] prior experience with [plaintiff's] counsel is probative of his credibility as a witness, and should be considered by the jury. . . . The fact that [plaintiff] attempted to retain [defendant's expert] as a damages expert before retaining [its own expert] is not relevant to any claims or defenses. The possibility of misleading and confusing the jury and wasting the Court’s time outweighs any probative value of [plaintiff's'] initial attempt to retain [defendant's expert]."