Experts' testimony is limited in golf ball case
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. The Court grants plaintiff’s Daubert motion. Defendant’s motion to exclude plaintiff’s expert is granted in part.
The Court excludes the expert testimony of Dr. William J. MacKnight regarding certain “hybrid golf balls.” The deposition testimony reflects that the statements “I personally directed the preparation and testing of such golf balls” and “I prepared and tested the golf balls” are not accurate in that defendant’s personnel directed every aspect of these tests. Defendant’s motion to exclude the testimony of plaintiff’s expert Garth L. Wilkes is granted in part. He included no written analysis and instead offers conclusions and cites to purported record evidence in various claim charts. He performed no testing, relying instead on testing documents created by defendant. His analysis is permitted to the extent it is based on “on the ball” measurements.
A copy of the full opinion is available here.
