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ARTICLE · 18 SEPTEMBER 2019

ITC Excludes Expert Testimony for Violation of Ground Rules

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By: Alex Li and Ryan McCrum – In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents' motion in limine to exclude certain testimony of Complainants' expert

United StatesLitigation, Mediation & Arbitration
Yang Li Ph.D. (Alex)
Yang Li Ph.D. (Alex)
Ryan B. McCrum
Ryan B. McCrum
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By: Alex Li and Ryan McCrum – In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents' motion in limine to exclude certain testimony of Complainants' expert. Certain Radio Frequency Microneedle Dermatological Treatment Devices and Components Thereof, Inv. 337-TA-1112, Order No. 30 (May 1, 2019). We have previously reported on this investigation in connection with the application of the Daubert standard at the ITC (here).

In their motion in limine, Respondents argued that significant portions of Complainants' expert testimony should be excluded because his testimony was based on an incorrect legal standard; his opinions were not supported by any reliable evidence or rigorous scientific method; he had relied on hearsay; and that some of his testimony was neither disclosed during discovery or in his expert reports.

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