Second supplemental patent damages report is excluded

Solvay, S.A. v. Honeywell Specialty Materials LLC, et al., Civ. No. 06-557-SLR, September 8, 2011.

Robinson, J.  Motion to strike is denied.  Daubert motion is granted in part and denied in part.

Honeywell moved to strike Solvay’s Daubert motion directed to Honeywell’s patent damages expert.  Honeywell maintained that at a previous teleconference the Court precluded further Daubert motions.  The motion was denied, as the previous statement by the Court was directed to further patent law expert Daubert motions.  Solvay’s Daubert motion was granted in part and denied in part.  The methodology employed to demonstrate a causal nexus met the standard set forth in Fed. R. Evid. 702 and Honeywell sufficiently complied with discovery request.  However, as Honeywell’s second supplemental damages report was not contemplated by the court’s amended scheduling order, the motion is granted and this report is stricken because Solvay has not had the opportunity to conduct discovery.

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