In this Insights, we update the Daubert Decision trends in last year’s Insights with 2019 data and highlight new statistics. Daubert Decision trends are based on our review of available court decisions concerning damages experts in patent infringement matters in U.S. districts courts that had sufficient information to analyze. We also provide examples of specific challenges within several Daubert Decisions from 2019.
The number of Daubert Decisions available to analyze in 2019 increased to 124 and the overall exclusion rate for such decisions – where the Court either granted or partially granted a motion to exclude or limit a damages expert’s testimony – was 48%. Relative to the previous years, 2019 was comparable to 2015, 2016, and 2017 in terms of number of decisions and overall exclusion rates. 2018 had significantly less decisions and a lower overall exclusion rate.