Tuesday, February 24, 2015

“Computer Implemented” Invention Does Not Require Computer Programmer Infringement Expert

The court denied plaintiff's motion to exclude defendant's infringement expert as unqualified. "[Defendant's expert] is a physician with nearly twenty years of experience with medical claims groupers, which is the subject matter of the [patents-in-suit]. . . . [His] admitted lack of sophistication as a computer programmer in no way diminishes the fact that he clearly possesses specialized knowledge that will assist the jury. While the [patented] invention is 'computer implemented,' the invention lies in the methodology, not the computer programming, and it is not essential for a person of ordinary skill in the art to be a computer programmer."

Cave Consulting Group, LLC v. OptumInsight, Inc., 5-11-cv-00469 (CAND February 20, 2015, Order) (Davila, J.)

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