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]."

mophie inc v. Dharmesh Shah et al, 8-13-cv-01321 (CACD December 2, 2014, Order) (Gee, J.)