AVM Techs., LLC v. Intel Corp.

AVM Techs., LLC v. Intel Corp.

Opinion

MEMORANDUM ORDER

Presently before the Court is Plaintiff's Motion to Exclude the Testimony of Intel's Expert Vivek Subramanian (D.I. 437) and related briefing (D.I. 438, 500, 542), Plaintiff's Motion to Exclude the Testimony of Julie Davis (D.I. 435) and related briefing (D.I. 436, 496, 527), Plaintiff's Motion to Exclude Portions of the Expert Opinion of Lorin Hitt, Ph.D. (D.I. 411) and related briefing (D.I. 412, 486, 521), Plaintiff's Motion to Exclude the Testimony of Willy Shih and Robert Colwell Regarding the Subjects in Their November 14 Reports (D.I. 413) and related briefing (D.I. 414, 489, 531), and Plaintiff's Motion to Exclude Expert Testimony Regarding Intel Patents (D.I. 402) and related briefing (D.I. 403, 498, 522). For the reasons that follow, IT IS HEREBY ORDERED THAT Plaintiff's Motion to Exclude the Testimony of Intel's Expert Vivek Subramanian (D.I. 437) is DENIED, Plaintiff's Motion to Exclude the Testimony of Julie Davis (D.I. 435) is GRANTED IN PART and DENIED IN PART, Plaintiff's Motion to Exclude Portions of the Expert Opinion of Lorin Hitt, [*3]  Ph.D. (D.I. 411) is DENIED, Plaintiff's Motion to Exclude the Testimony of Willy Shih and Robert Colwell Regarding the Subjects in Their November 14 Reports (D.I. 413) is DENIED, and Plaintiff's Motion to Exclude Expert Testimony Regarding Intel Patents (D.I. 402) is DENIED.

"[T]he district court acts as a gatekeeper" to ensure that expert testimony is reliable and helpful. Schneider v. Fried, 320 F.3d 396, 404 (3rd Cir. 2003). "The primary locus of this obligation is [Federal Rule of Evidence] 702." Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469(1993). It reads:

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

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