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**DISTRICT COURT PROPERLY ADMITTED RELIABLE EXPERT TESTIMONY UNDER FRE 702
Willis Elec. Co., Ltd. v. Polygroup Ltd., 24-2118 — Yesterday in an opinion by Chief Judge MOORE, the Federal Circuit affirmed a $42 million jury verdict against Polygroup for infringement of Willis’s patent for a pre-lit artificial tree. Polygroup argued the district court should have excluded Willis’s expert damages testimony because the expert failed to adequately explain her methodology to the jury.
The Federal Circuit disagreed, finding Polygroup’s argument “conflate[d] admissibility question for the court with factual questions for the jury.” Under Federal Rule of Evidence 702, the district court was required to exercise their gatekeeping role in evaluating the admissibility of evidence and determining whether an expert has shown by a preponderance of the evidence that their testimony was relevant and reliable. A district court determination of reliable evidence could not be reversed by a party challenging how the expert presented the information to the jury. The district court correctly found there were no methodological flaws in the expert’s damages analysis, “underscoring that Polygroup’s critiques went to how the jury might weigh the evidence, not whether the methodology satisfied Rule 702 in the first instance.”
(1 to 4 stars rate impact of opinion on patent & trademark law)
IPOWNERS SPRING SUMMIT SESSION ON SCHEDULE A LITIGATION – MARCH 19
Register to attend IPOwners Spring Summit™ on March 19 in Washington, DC and attend a session on “Schedule A Litigation.” Schedule A cases are a powerful tool increasingly being used by brand owners to obtain temporary restraining orders against alleged online counterfeiters and to seize their assets on an ex parte basis. The U.S. District Court for the Northern District of Illinois has become the locus for most of these filings. However, some parties and judges are starting to push back by questioning whether the defendants are sufficiently related to each other and properly joined. The panel will address whether Schedule A cases are likely to continue to be viable and, if not, whether there are other cost-effective avenues to pursue online counterfeiting. Speakers include BEREL LAKOVITSKY (Greer, Burns & Crain Ltd.), ERICA REED (HP Inc.), and MICHAEL SWEENEY (Corsearch). Visit the website to view the full program or to register.
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NEXT WEEK ON THE IP CHAT CHANNEL™: AI, INVENTORSHIP & THE FUTURE OF PATENT LAW: PRACTICAL STRATEGIES FOR IN-HOUSE AND OUTSIDE COUNSEL
Join the IP Chat Channel™ on Thursday, February 26 at 1:00pm ET for a webinar moderated by SHRUTI COSTALES (Shruti Law PLLC) that brings together seasoned in-house and outside counsel to explore the thorny issues of AI-assisted inventions: inventorship, disclosure policies, prosecution strategy, and global patent eligibility. Hear directly from in-house leaders BRANDON CLARK (SLB), SEAN KIM (Microsoft), EDOARDO MIRABELLA (Beckman Coulter), and LISA ULRICH (IBM Corp.) on how they’re navigating internal inventor policies and preparing for future regulatory shifts.
IP Chat Channel™ webinars are free for IPO members. Advance registration is required. CLE offered in most states.