Industrial Engineering & Development, Inc. et al v. Static Control Components, Inc.
Filing
254
ORDER denying 208 Plaintiffs' Motion to Exclude Certain Proffered ExpertTestimony of William E. Thacker. Signed by Judge Susan C Bucklew on 10/6/2014. (GMS)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
INDUSTRIAL ENGINEERING &
DEVELOPMENT, INC., et al.,
Plaintiffs,
v.
Case No. 8:12-cv-691-T-24-MAP
STATIC CONTROL COMPONENTS,
INC.,
Defendant.
_________________________________/
ORDER
This cause comes before the Court on the Motion to Exclude Certain Proffered Expert
Testimony of William E. Thacker filed by Plaintiffs Industrial Engineering & Development Inc.,
Innovative Cartridge Technologies, Inc., Cartridge Corporation of America, Inc., American
Imaging Cartridge, LLC, and Universal Imaging Holdings, LLC. (Dkt. 208) Defendant Static
Control Components, Inc. opposes. (Dkt. 235)
In Count I of their Amended Complaint, Plaintiffs allege that Static breached a crosslicense agreement by failing to pay royalties for products that infringe on Plaintiffs’ patents-insuit. As an affirmative defense, Static alleges that Plaintiffs’ patents—U.S. Patent No. 7,187,874
(‘874 patent); U.S. Patent No. 7,551,859 (‘859 patent); and U.S. Patent No. 7,356,279 (‘279
patent)—are invalid. In Count II, Plaintiffs alleged that Static’s U.S. Patent No. 7,088,928 (‘928
patent”) and U.S. Patent No. 7,254,346 (‘346 patent) are invalid. However, due to the Court’s
order on Plaintiffs’ motion for summary judgment, Count II is no longer at issue in this case.
William Thacker is Static’s employee and a co-inventor of Static’s ‘928 and ‘346 patents.
Thacker’s initial expert report, dated March 3, 2014, sets forth his opinions regarding Plaintiffs’
‘874, ‘279, and ‘859 patents. (Dkt. 208-1) Thacker’s rebuttal report, dated April 4, 2014, sets
forth his opinions regarding Static’s ‘928 and ‘346 patents. (Dkt. 208-2) Plaintiffs took Thacker’s
expert deposition on April 29, 2014. (Dkt. 208-3) Trial is set to begin on November 10, 2014.
In the instant motion, Plaintiffs seek to exclude Thacker from offering his opinions set forth
in his expert reports. Plaintiffs argue that Thacker’s opinions are unreliable and irrelevant under
Daubert v. Merrell Dow Pharms., 509 U.S. 579 (1993), because Thacker’s deposition testimony
shows he did not use the Court’s claim constructions to reach his opinions. Static responds that
there is no evidence Thacker construed any claim term contrary to the Court’s construction.
Plaintiffs seek to exclude Thacker from offering his opinions regarding Plaintiffs’ ‘874,
‘279, and ‘859 patents set forth in paragraphs 4, 8-16 of his initial expert report. However,
Plaintiffs only cite to portions of Thacker’s deposition testimony relating to Static’s ‘928 and ‘346
patents; the cited transcript portions do not relate to Plaintiffs’ ‘874, ‘279, and ‘859 patents or
show that Thacker ignored the Court’s claim construction in opining about Plaintiffs’ patents.
Plaintiffs also seek to exclude Thacker from offering his opinions regarding Static’s ‘928
and ‘346 patents set forth in his rebuttal expert report. However, this argument is moot because
Count II of Plaintiffs’ Amended Complaint is no longer at issue in this case, and Thacker’s
opinions regarding Static’s ‘928 and ‘346 patents are no longer relevant.
Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs’ Motion to Exclude
Certain Proffered Expert Testimony of William E. Thacker (Dkt. 208) is DENIED as to Thacker’s
opinions relation to Plaintiffs’ ‘874, ‘279, and ‘859 patents. The motion is moot as to Thacker’s
opinions regarding Static’s ‘928 and ‘346 patents because those patents are no longer at issue.
DONE AND ORDERED at Tampa, Florida, this 6th day of October, 2014.
Copies To: Counsel of Record
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