The court granted plaintiff's motion to limit testimony from defendants' damages expert to the extent such testimony was premised on lump sum settlements. "[L]ump sum settlements, which do not in themselves provide any per-[accused product] royalty rate, should not be admissible. Expert witnesses can generally rely on inadmissible evidence, but in order to avoid jury confusion and unfair prejudice, [defendants' expert] should not testify regarding any lump sum settlement agreements."
LecTec Corporation v. Chattem Inc., et. al., 5-08-cv-00130 (TXED January 4, 2011, Order) (Folsom, J.)
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