Case No. 2:13-CV-947-JRG-RSP
Memorandum Order
Rule)
As set out by the Fifth Circuit in Koch Refining Co. v. Boudreaux, 85 F.3d 1178, 1181
(5th Cir. 1996), in order to disqualify an expert witness, the moving party must show
- that it had an objectively reasonable basis for a confidential relationship with the expert, and
- that confidential information relevant to the instant case was disclosed to the expert during that prior
relationship.
Issue)
The real dispute centers around whether the prior work was relevant to the current case.
Fact)
On that point, the Court is heavily influenced by the fact that
- the parties agree that the same devices accused in this case were accused in the earlier matter.
- Furthermore, the time frames are nearly overlapping. Plaintiff has not been able to show that the issues do not also overlap.
- Furthermore, Defendant objected within days of learning of Bims’ involvement in this case and
was diligent in seeking disqualification.
- Finally, Plaintiff has not presented any statement from Bims explaining why his prior work is not relevant to the current case.
Conclusion)
Accordingly, the motion is GRANTED
