Infringement Expert Disqualified Due To Prior Retention By Opposing Party

Originally published by Michael C. Smith.

In Mobile Telecomm’s Technologies, LLC v. LG Elec’s Mobilecomm USA, Inc., 2:13cv947 (7/22/15) the defendant moved to disqualify the plaintiffs infringement expert, noting that the expert had been retained by the defendant to serve as it’s expert in connection with two ITC proceedings relating to the same products accused in this case.

After setting forth the current Fifth Circuit law on expert disqualification, Judge Payne noted that the real dispute was whether the prior work was relevant to the current case. On that point, the court stated that it was “heavily influenced” by the fact that the parties agreed that the same devices were at issue, and the time frames were nearly overlapping. Accordingly, the court disqualified the expert, and reset the case for trial on the February 2016 docket.

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