CRA Insights

IP Insights: Recent trends in Daubert Decisions 2021

June 1, 2021
publication paper

In this Insights, we update the Daubert Decision trends in last year’s Insights with 2020 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 US districts courts that had sufficient information to analyze.  We also provide two (2) examples of specific challenges within 2020 Daubert Decisions, and an additional example regarding a motion to seal a Daubert order in 2021.

Despite the pandemic, the number of Daubert Decisions available to analyze in 2020 remained relatively constant with 120. 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 40%, down from 48% in 2019. Since 2015, expert testimony has remained more likely to be admissible than inadmissible.

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