Expert may testify as to infringement issues and secondary considerations

Posted on November 17, 2011 by Kenneth L. Dorsney

Apeldyn Corporation v. Au Optronics Corporation, et al., Civ. No. 08-568-SLR, November 15, 2011.

Robinson, J.  Daubert motion is denied.

Defendant moved in this patent case to exclude plaintiff’s expert testimony as to testing of Liquid Crystal Display panels and sales activities.  Defendant asserted that the expert’s opinion regarding the testing did not satisfy Fed. R. Evid. 702 under plaintiff’s proposed claim construction.  The testimony was allowed.  The court did not adopt plaintiff’s proposed construction.  The expert may also offer testimony regarding marketing and sales activities in support of secondary considerations of nonobviousness.  An expert may rely on the testimony of others to the extent it is reliable in forming his opinions.
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