In a decision that is quickly gaining attention, the Federal Circuit held that the district court abused its discretion by excluding both of Plaintiff’s experts and subsequently granting Defendants’ judgment as a matter of law (JMOL) of no infringement. Barry v. DePuy Synthes Companies.
The ruling is notable given the Federal Circuit’s recent en banc decision in Google v. EcoFactor, which reinforced district court’s gatekeeping authority over expert testimony. In Barry, however, the Court seems to be shifting greater responsibility back to the jury to assess expert credibility and weight.
Background
Plaintiff sued several entities alleging…
