Court Denies Daubert Motion to Exclude Damages Expert

September 10, 2015 – The Court denied Defendant TreReme Medical its Daubert motion to exclude the testimony of Plaintiff AngioScore’s damages expert.  TreReme argued that AngioScore’s damages expert report contains “flawed methodologies” because the “starting royalty rate is flawed” and the expert’s “upward adjustments from that figure are improper.”  The Court held that the expert’s approaches were not unreasonable and a difference of opinion between experts is not grounds for excluding an expert’s report in its entirety.

The patents-at-issue are U.S. Patent Nos. 7,691,119 and 7,931,663, titled “Balloon Catheter with Non-Deployable Stent.”  The case is captioned AngioScore, Inc. v. TriReme Medical, Inc., et al., 12-CV-03393, and is pending in the Northern District of California.

By:  Christopher J. Stankus

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