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Managing Healthcare Litigation: Three Tips for Making Sure Your Money is Well Spent on Experts: Masimo Corporation v. Philips Electronics North America Corporation, et al., C.A. No. 09-80-LPS-MPT, May 20, 2013
Posted In Health Care, Patent InfringementMost healthcare related litigation involves some kind of expert testimony. It may be used to establish anything from the value of a dissolving physician practice to the standard of care for treating a patient. This particular case involved alleged infringement of a patent for pulse oximetry products, which measure hemoglobin levels non-invasively. Judge Thynge issued a report and recommendation excluding key portions of a defendant’s expert testimony. The excluded testimony sought to establish that an alleged patent infringement caused damages due to lost profits. However, the Court excluded the expert’s testimony due to his expert’s unfamiliarity with the Food and Drug Administration’s requirements regarding approval of this type of medical equipment. Also, the expert had not interviewed the plaintiff’s customers with regard to More ›