Friday, February 09, 2007

Eighth Circuit Upholds Testimony from Damages Expert in Trade Secrets Misappropriation Case

The Eighth Circuit has upheld testimony from the plaintiff's damages expert in a trade secrets case, over defense objections that the testimony was based on factually faulty assumptions. See Synergetics, Inc. v. Hurst, No. 06-1146 (8th Cir. Feb. 5, 2007) (Melloy, Benton, & Shepherd, 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.