In this Insights, we highlight trends in Daubert Decisions. We review available court decisions concerning damages experts in patent infringement matters in US districts courts that had sufficient information to analyze, and provide examples of specific challenges within several 2018 Daubert Decisions.
Over the last several years, the number of Daubert Decisions available to analyze decreased from 147 in 2015 to 88 in 2018. The overall exclusion rate for these decisions, where the court excluded the expert’s testimony entirely or in-part, declined from 45% in 2015 to 33% in 2018.
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