On September 26, 2013, Judge Lynn issued an Order (available here) in American Imaging Services v. Autodesk. The order denied Autodesk’s motion to exclude plaintiff’s validity expert’s testimony as allegedly incorrect and unreliable based on a prior Federal Circuit decision regarding a prior art reference. Ultimately, Judge Lynn concluded that:
the Court finds that Cole’s opinion is not precluded by the Federal Circuit’s finding . . . . While Autodesk may disagree with the basis of Cole’s opinion, “[v]igorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 595 (1993).