Cave Consulting Group, LLC v. OptumInsight, Inc., 5-11-cv-00469 (CAND February 20, 2015, Order) (Davila, J.)
Tuesday, February 24, 2015
“Computer Implemented” Invention Does Not Require Computer Programmer Infringement Expert
The court denied plaintiff's motion to exclude defendant's infringement expert as unqualified. "[Defendant's expert] is a physician with nearly twenty years of experience with medical claims groupers, which is the subject matter of the [patents-in-suit]. . . . [His] admitted lack of sophistication as a computer programmer in no way diminishes the fact that he clearly possesses specialized knowledge that will assist the jury. While the [patented] invention is 'computer implemented,' the invention lies in the methodology, not the computer programming, and it is not essential for a person of ordinary skill in the art to be a computer programmer."