A Blog About Intellectual Property Litigation and the District of Delaware


Entries for date: June 2022

Red Phone
Miryam León, Unsplash

We wrote back in February of an uncommon Daubert opinion from Judge Andrews where he asked for a hearing with testimony from the expert, and for an additional round of briefing on Daubert.

Judge Andrews' concerns stemmed from an apparent lack of apportionment in the damages analysis—something that often trips up damages experts:

No one would sell the [accused] product without its numerous necessary parts. But it does not follow that the value of each necessary part is the same as the value of the whole. And yet that is what it appears that Dr. Mangum is doing.

After hearing testimony from the expert, however, Judge Andrews today issued an opinion finding that is not …

Magnifying Glass
Agence Olloweb, Unsplash

Since the Court's announcement of the current vacant judgeship program, there have been some lingering questions about what a magistrate judge in a vacant judgeship case can and cannot decide.

We got some insight on that question yesterday in Huber Engineered Woods LLC v. Louisiana-Pacific Corporation, C.A. No. 19-342-VAC-SRF (D. Del.). The referral order in that case is typical of VAC cases—it says that the magistrate judge can resolve only a limited scope of disputes:

this case is referred to Magistrate Judge Sherry R. Fallon solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to …