Almost 20 years ago the United States Supreme Court issued an opinion relating to how federal judges should decide whether to allow expert testimony into the courtroom. This ruling made it clear that federal court judges are to act as “gatekeepers” to assess expert testimony and exclude such testimony that is not both relevant and reliable. The case was Daubert v Merrell Dow Pharmaceuticals, and the future rulings which have sprung from that case became known as Daubert Rulings.
While initially focused on scientific and technical experts, Daubert rulings are increasingly related to financial testimony and analysis, especially in patent litigation. Moreover, the last few years have seen an increasing number of Daubert challenges as the courts grapple with the determination of patent damages.
How do Daubert rulings affect our work as patent damages experts? We face these issues every day.
We have compiled a list of recent cases for the current “Daubert Hot Topics” facing patent damages experts. To view the most recent rulings: