Friday, June 02, 2006

Federal Circuit Upholds Testimony Based on Computational Fluid Dynamics (CFD) Analysis

Yesterday, the Federal Circuit published a decision upholding expert analysis based on Computational Fluid Dynamics modeling. It held that CFD analysis is generally recognized as valid in the scientific community, and that the expert's choice of parameters went to weight, not admissibility. See Liquid Dynamics Corp. v. Vaughan Co., No. 05-1105 (Fed. Cir. June 1, 2006) (Gajarsa, Dyk, and Prost, JJ.).

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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.