The Medicines Company v. Mylan Inc., et al, 1-11-cv-01285 (ILND October 30, 2017, Order) (St. Eve, USDJ)
Wednesday, November 1, 2017
3 to 1 Preparation to Deposition Time Appropriate for Awarding Expert Witness Fees
The court granted in part defendants' motion for expert fees for its four expert witnesses. "In this District, courts look to the preparation time in relation to the deposition time to determine whether the preparation time was reasonable. 'These courts have reasonably concluded that a ratio of 3 to 1 preparation to deposition time is reasonable in complex cases[.]'. . . Plaintiff disputes the expert witness fees, arguing that one witness was not called at trial and that the testimony of the other three witnesses was irrelevant or otherwise questionable. It is not appropriate for [plaintiff] to undermine these expert witnesses in a bill of costs motion. Plaintiff had occasion to do so during pre-trial and trial. As for the witness who ultimately was not called, both sides retained experts in a good-faith preparation for trial."