Chief Judge Leonard P. Stark recently considered Kraft’s Daubert motions to exclude the testimony of TC Heartland’s experts. Kraft Foods Group Brands LLC v. TC Heartland, LLC, No. 14-28-LPS (D. Del. Jan. 12, 2017). Judge Stark struck the testimony of TC Heartland’s non-infringement expert’s opinions concerning the asserted claims’ packaging limitations because such testimony was inconsistent with the Court’s claim construction order. Id.at 2-4. Judge Stark denied, however, Kraft’s motion to exclude the testimony of TC Heartland’s damages expert. Kraft argued that the expert’s testimony on the availability and cost of a non-infringing alternative, stemming from unsubstantiated conversations with TC Heartland employees, was not based on “a reliable factual foundation.” Id. at 4. Judge Stark disagreed, noting that the employees in question were deposed and available to testify at trial, and that Kraft’s objections were fodder for cross-examination. Id. at 5. Kraft also moved to strike the expert’s testimony related to criticism’s of Kraft’s damages expert’s calculations. Judge Stark denied the motion as to these grounds as well because those issues “go to weight rather than admissibility.” Id. at 5-6.
Kraft Foods Group Brands LLC v. TC Heartland, LLC, No. 14-28-LPS