Judge Gorton denied both parties’ motions to disqualify each other’s expert witnesses in a contentious litigation involving allegations of doctored evidence. LovePop asserts that PaperPop infringed its copyright in several designs of pop-up greeting cards. PaperPop produced documents and photographs that were alleged to show that PaperPop conceived of the designs first, but LovePop purports that PaperPop tampered with the metadata to falsely back-date the documents to the relevant date. LovePop proffered an expert who would testify as to what metadata was, the means for manipulating metadata, and that some of PaperPop’s documents could not have been created on the dates alleged because the software with which they were created had not yet been made available. PaperPop in turn proffered an expert to testify that LovePop’s expert used unvalidated testing to achieve his results and to present the results of his testing that show the tests of LovePop’s expert were unreliable and incorrect. Judge Gorton determined that both parties’ complaints were directed to the credibility of their opponents’ experts, who were otherwise both well-qualified. Accordingly, he denied both motions.
Judge Stearns denied Cisco’s motion to strike parts of Egenera’s expert report on infringement. Judge Stearns agreed that Egenera’s expert report addressed previously unaccused features of the accused products. He found, however, that Cisco had identified no concrete prejudice to justify striking these parts of the report, discounting Cisco’s assertions that it would have conducted additional prior art searches as too speculative.
Judge Stearns denied Egenera’s motion to strike Cisco Systems’ invalidity expert report. Cisco’s expert had opined on a prior art Catalyst System found at UNC, of which the expert had personal knowledge; Egenera sought to have his opinion striken because Cisco had not disclosed the expert as a fact witness and had not disclosed the UNC system in its contentions. Judge Stearns found that the UNC system was merely an exemplar of the Cisco Catalyst System, which had properly been disclosed. He also noted that Egeneral still has the opportunity to depose the expert, meaning that even if he was not properly identified as a fact witness, there was no prejudice to Egenera.
Judge Sorokin precluded Rolling Optics from offering testimony that certain asserted claims are invalid. Defendants did not offer expert opinion that the claims were anticipated by Rowland Technologies patents or products, but sought to elicit non-expert fact testimony from a Rowland representative. The Court determined that the technology at issue (described briefly here) was too complicated for a jury to understand without expert assistance, and precluded Rolling Optics from presenting any evidence, opinions or argument to the jury on the Rowland technology. This case is in its fourth day of trial, so I expect to see more from this courtroom.