Saturday, January 08, 2005

9th Circuit Upholds Preclusive Sanction in Copyright Suit

The Ninth Circuit has issued an unpublished opinion upholding the trial court's exclusion of testimony from the defendants' expert in a copyright infringement case, because the expert failed to provide a complete and timely report. See Steppin' Out, Inc. v. National Sav. Corp., No. 01-17282 (9th Cir. Jan. 6, 2005) (Fletcher, Kozinski, & Trott, JJ.).

posted by pn at 11:01 AM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.