Fail-Safe, L.L.C. v. A.O. Smith Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the defendant’s expert’s reliance on the defendant’s own data, which he did not independently verify, rendered his opinion unreliable
• refusing to consider theory of damages based on reasonable royalty when raised for the first time in a footnote in a summary judgment brief
• refusing to consider theory of damages based on reasonable royalty when raised for the first time in a footnote in a summary judgment brief
• granting motion in limine to exclude expert testimony based on insufficient data; noting that expert testimony can be excluded for unreliability alone
• rejecting expert analysis that was “in a black box out of the view of the court ... [because] the court cannot simply take an expert’s word for a specific proposition
• excluding an expert’s report that added new sections not included in expert’s original report and offered new opinions, including calculations based on different numbers and a different methodological model, from that used in original report

Source: CourtListener parenthetical corpus (CC0).