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ITC Excludes Expert Testimony for Violation of Ground Rules

ITC Excludes Expert Testimony for Violation of Ground Rules

by Jones Day's ITC Litigation Team | Jul 22, 2019 | Evidentiary Issues, Expert Witnesses

In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents’ motion in limine to exclude certain testimony of Complainants’ expert.  Certain Radio Frequency Microneedle Dermatological Treatment Devices and...
ITC Excludes Expert Testimony for Violation of Ground Rules

ITC Does Not Strictly Enforce the Daubert Standard for Expert Testimony

by Jones Day's ITC Litigation Team | Jul 1, 2019 | Evidentiary Issues, Expert Witnesses

In a recently issued pair of orders, ALJ Lord denied both Respondents’ and Complainants’ motions in limine to exclude certain expert testimony.  Certain Radio Frequency Microneedle Dermatological Treatment Devices and Components...
ITC Excludes Expert Testimony for Violation of Ground Rules

Ground Rules Preclude New Rebuttal Expert Opinions

by Jones Day's ITC Litigation Team | Jun 24, 2019 | Discovery, Evidentiary Issues, Expert Witnesses, Prior Art Issues

Shortly before the evidentiary hearing, ALJ Lord granted Complainant’s motion in limine and excluded certain testimony in the witness statement of Respondents’ expert as precluded by her ground rules governing expert testimony.  In re...
ITC Excludes Expert Testimony for Violation of Ground Rules

Journal Article by an Expert Is Excluded As Improper Expert Testimony or Declaration

by Jones Day's ITC Litigation Team | Mar 29, 2019 | Evidentiary Issues, Expert Witnesses

  In a recent Order, ALJ Bullock granted Respondents’ motion in limine to exclude a published article written by a former district court judge who previously served as Complainant’s economic expert.  In re Certain Memory Modules...
ITC Excludes Expert Testimony for Violation of Ground Rules

Even Unrebutted Experts Need To Do More Than Make Conclusory Assertions

by Jones Day's ITC Litigation Team | Aug 30, 2018 | Evidentiary Issues, Expert Witnesses

In Diebold Nixdorf, Inc. v. ITC, the Federal Circuit reversed the ITC’s finding of a Section 337 violation based on the ITC’s reliance on unrebutted expert testimony. Diebold, No. 17-2553 (Fed. Cir. Aug. 15, 2018). The case is an...

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