Friday, December 05, 2003

Federal Circuit Upholds Exclusion of Royalty Testimony

The Federal Circuit has upheld the exclusion of a patent defendant's expert testimony on a reasonable royalty. The trial court was not satisfied that industry license agreements on which the expert relied were truly comparable, and the appellate tribunal found no abuse of discretion. See Utah Medical Prods., Inc. v. Graphic Controls Corp., No. 03-1081 (Fed. Cir. Dec. 4, 2003) (Mayer, Michel, & Rader, JJ.).

posted by pn at 11:12 AM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.