When is a Daubert challenge justified? Court strikes testimony in patent case

Description

Abstract: The percentage of successful Daubert challenges to damages in patent cases might be small, but this article looks at one case in which the challenge was deemed appropriate because the patent expert’s reasonable royalty testimony was neither reliable nor tied to the facts. A sidebar discusses a case which demonstrated the limits of district courts’ “gatekeeper” role in admitting and evaluating the reliability of expert testimony.