Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 89

MOTION to Amend/Correct 82 MOTION for Extension of Time to File Opposition to Expert, 86 Reply to Response to Motion, in Light of Copending DE#88 and Motion in Another Court by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit A - Excerpt of Taylor Dep., # 2 Exhibit B - Excerpt of Taylor Dep., # 3 Exhibit C - email of Mr. Ladue, # 4 Exhibit D - Copending Motion in S.D. Ind)(Fountain, Ryan)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 89 Att. 1

case 3:08-cv-00490-TLS document 89-2

filed 02/01/10 page 1 of 1

EXHIBIT B - EXCERPT OF JAY TAYLOR DEPOSITION OF NOVEMBER 30, 2009 106 Q. Hmm. And the opinions you have expressed in this report, they were especially formed for this lawsuit, weren't they? A. They are specifically directed to this lawsuit, yes. Q. And the methodology you used isn't something that you have published for peer review, is it? A. I -- it's not something that has been published for -- I have not published it for peer review. It's been used by numerous others expert in the field for many, many years. Q. Well, you know of two people who have done it that you contacted, right? A. Uh-huh. Q. So you say numerous other experts for many years. How do you know that numerous other people only used this methodology and not something else? A. I know of no other methodology that's ever been used. Q. Has this methodology itself ever been published by anybody for peer review? A. I don't know that there are any publications where 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 you can publish it for peer review. Q. There are law journals, right? A. I've never seen any article anywhere on the issue of what are the methodology to be used in determining inequitable conduct. Q. So you didn't look for such a methodology in preparing this report, did you? A. I don't know -- think there is such a methodology that's ever been published. Q. But you didn't look for one either, did you? A. Well, I've been reading law journal articles and -and publications for 40 years, and I've never seen one. Q. Okay. A. So I have no reason to believe there is one out there to go searching for, so no, I didn't -- I didn't spend my time looking for it.

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