By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. 2Wire, Inc., Civil Action No. 13-1835-RGA (D.Del. July 14, 2021), the Court denied Defendant’s motion to exclude the testimony of Plaintiff’s expert witness relating to the testing of the accused infringing products with regard to the Family 4 Patents.  In support of its motion, Defendant argued that (1) Plaintiff’s expert tests are not relevant to the question of infringement because the tests on which the opinions are based do not show how the accused products process a bit stream; and (2) Plaintiff expert’s opinions on the testing are unreliable because he did not perform or observe the tests.  Id. at *4.

Upon evaluation of Defendant’s arguments, the Court found that Plaintiff’s expert tests are relevant to the issue of infringement, the fact that Plaintiff’s expert did not perform the testing himself does not make his opinions on the tests inherently unreliable, and the reliability of Plaintiff expert’s testimony can be tested during trial through cross-examination and other methods.  Id. at *4-8.  Thus, the Court denied Defendant’s motion.  Id. at *8.

A copy of the Memorandum Opinion is attached.