A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Expert Disqualification

As my daughter is fond of saying after some minor catastrophe,
As my daughter is fond of saying after some minor catastrophe, "whoopsy doodles!" NOAA, Unsplash

Well, this is a new one. Apparently, in BioDelivery Sciences International, Inc. v. Alvogen Pb Research & Development LLC, C.A. No. 18-1395-CFC-CJB (D. Del.), the defendant found out just a little bit too late that their expert had an ethical conflict because he had previously represented the plaintiff.

It's hard to tell exactly what the circumstances were here, because it looks like the relevant motion and all related briefing is fully sealed, with no redacted versions available.

But from what I can see, the plaintiff received a judgment in its favor on some of its claims back in 2022. (D.I. 308). …