Federal Circuit Tightens Expert Testimony Standards in Trudell, Previewing Potential Approach to EcoFactor

The Federal Circuit's recent decision in Trudell Med. Int'l Inc. v. D R Burton Healthcare, LLC, 23-1777 (Fed. Cir. Feb. 7, 2025), follows a framework for excluding expert testimony that either (1) violates discovery obligations or (2) contradicts claim construction. The appellate court rejected a jury verdict of non-infringement after finding the district court abused its discretion by admitting expert testimony that both failed to comply with Fed. R. Civ. P. 26's expert disclosure requirements and violated Federal Rule of Evidence 702's reliability standards.  The case also notably resulted in judicial reassignment after the Federal Circuit found the district judge's conduct and statements demonstrated an improper emphasis on rapid case disposition over careful consideration of the issues.


To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.