Genband US LLC v. Metaswitch Networks Corp. et al, 2-14-cv-00033 (TXED January 8, 2016, Order) (Payne, M.J.)
Tuesday, January 12, 2016
Expert Analysis and Conclusions Concerning 35 U.S.C. § 101 Eligibility Inadmissible
The court granted defendants' motion to strike the report of plaintiff's validity expert regarding patentable subject matter because the testimony was unhelpful. "[T]he issue of subject matter eligibility under § 101 will not be tried to the jury in this case. No expert will be permitted to testify to the jury about whether the asserted patents claim eligible subject matter under § 101. The Court is responsible for deciding disputed questions of law, and the Federal Circuit has consistently disfavored reliance on expert testimony as the basis for legal conclusions. [The expert's] analysis of the law and his ultimate legal conclusions are not helpful expert testimony and are therefore inadmissible."