The court granted plaintiff's motion to exclude the testimony of defendant's inequitable conduct expert. "[Defendant] does not identify a single case where [its expert] opined on whether a patent applicant committed inequitable conduct or breached the duty of disclosure, opined on what the patent examiner believed or would have done had certain references been before the examiner, or suggested that the USPTO’s limited resources called into question the validity of an issued patent. . . . In fact, courts excluded such testimony from [the expert] in many of the cases cited by [plaintiff]. Consequently, the Court accords no weight whatsoever to [defendant's] suggestion that [its expert's] testimony is admissible because other courts have permitted similar testimony from him."
American Medical Systems, Inc et al v. Laser Peripherals, LLC, 0-08-cv-04798 (MND May 13, 2010, Order) (Ericksen, J.)
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