SCO Grp v. Novell Inc

Filing 657

MOTION for Daubert Hearing to Disqualify Dr. Gary Pisano filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Brennan, Sterling)

SCO Grp v. Novell Inc

Doc. 657

WORKMAN | NYDEGGER A PROFESSIONAL CORPORATION Sterling A. Brennan (Utah State Bar No. 10060; E-mail: [e-mail]) David R. Wright (Utah State Bar No. 5164: E-mail: [e-mail]) Kirk R. Harris (Utah State Bar No. 10221; E-mail: [e-mail]) Cara J. Baldwin (Utah State Bar No. 11863; E-mail: [e-mail]) 1000 Eagle Gate Tower 60 E. South Temple Salt Lake City, Utah 84111 Telephone: [phone] Facsimile: [phone] MORRISON & FOERSTER LLP Michael A. Jacobs (Admitted Pro Hac Vice; E-mail: [e-mail]) Eric M. Acker (Admitted Pro Hac Vice; E-mail: [e-mail]) Grant L. Kim (Admitted Pro Hac Vice; E-Mail: [e-mail]) 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaim-Plaintiff Novell, Inc.

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE SCO GROUP, INC., a Delaware corporation, Plaintiff, vs. NOVELL, INC., a Delaware corporation, Defendant. AND RELATED COUNTERCLAIMS. Case No. 2:04CV00139 NOVELL, INC.'S DAUBERT MOTION TO DISQUALIFY DR. GARY PISANO Judge Ted Stewart

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Dockets.Justia.com

Defendant and counterclaim-plaintiff Novell, Inc. ("Novell") respectfully moves the Court to disqualify Dr. Gary Pisano, a testifying expert retained by plaintiff and counterclaimdefendant The SCO Group, Inc. ("SCO"). Novell's motion is made pursuant to Federal Rule of Evidence ("Rule") 104(a), and on the grounds that (1) Dr. Pisano's opinion regarding market penetration is inadmissible under Rule 702, because it is not based on sufficient facts or data and is not the product of reliable principles and methods reliably applied to the facts of this case; and (2) his opinion regarding the size of the potential market for SCOsource licenses is inadmissible under Rules 402, 403, and 702 because it is not relevant, is likely to confuse the issues and mislead the jury regarding damages, and will not assist the trier of fact. Novell's motion is supported by an accompanying memorandum of points and authorities. A proposed form of order is submitted herewith.

DATED: February 8, 2010

Respectfully submitted, By: /s/ Sterling A. Brennan WORKMAN NYDEGGER MORRISON & FOERSTER LLP Attorneys for Defendant and Counterclaim-Plaintiff Novell, Inc.

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