Thursday, September 16, 2010

Expert may Testify as to Technical Aspects of Direction and Control but not as to Ultimate Legal Conclusion

Plaintiff's motion in limine to limit expert testimony on direction and control was granted in part. "Defendants’ expert’s testimony regarding 'direction and control' has a valid connection to the pertinent inquiry of joint infringement and has a sufficiently reliable factual basis. . . . The ultimate legal conclusions regarding direction and control, however, are not a proper subject of testimony by a technical expert. A technical expert’s testimony on direction and control, if any, should be limited to the ability of the alleged 'mastermind,' from a technical standpoint, to control another party’s systems, actions, or performance."

Datatreasury Corp. v. Wells Fargo & Co. et al., 2-06-cv-00072 (TXED September 13, 2010, Order) (Folsom, J.)

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