Expert Or Not? Save It For Your Cross Examination…

Asetek Danmark A/S v. CMI USA, Inc, Case No. 13-457 (Judge Jon Tigar)

Judge Tigar's recent refusal to exclude expert testimony reinforces the Northern District's liberal approach (based on Ninth Circuit precedent) to admissibility under FRE 702. Before the Court was Asetek's motion to exclude the expert testimony of Dr. Gregory Carman because he did not have experience specific to computer liquid cooling, the technology of the patents. Judge Tigar quickly disposed of the motion, finding that Dr. Carman has "sufficient relevant technical expertise" to satisfy the Ninth Circuit's "broad conception of expert qualifications" (emphasis in original).

In reaching his decision, Judge Tigar reminds us that "an expert is permitted wide latitude to offer opinions," citing cases holding that "shaky but admissible evidence is to be attacked... not exclu[ded]" and "[t]o testify as an expert in a patent case, and individual 'need not be officially credentialed in the specific