Computer Expert Must Examine Product, Says Seventh Circuit

"To qualify as an expert on software, an expert should, at a minimum, examine the product and software upon which the expert bases his opinion," the Seventh Circuit held yesterday in Autotech Tech. Ltd. P'ship v. Automationdirect.com, No. 05-4544 (7th Cir. Dec. 11, 2006) (Easterbrook, Bauer, & Evans, JJ.). The case involved two businesses, Autotech and ADC, who entered into a joint venture to develop and market EZTouch computer screens. Without telling Autotech, ADC later joined forces with another manufacturer to market a competing product under the brand name C-More. In its action to enjoin ADC from selling the C-More product, Autotech's computer expert opined that the C-More touch screen was an EZTouch clone that ADC developed based on proprietary information from Autotech. His testimony was excluded because his only acquaintance with the C-More product came from his review of an advertisement created by ADC for the general public.