United States District Court, E.D. Texas, Marshall Division
PAYNE UNITED STATES MAGISTRATE JUDGE.
United Services Automobile Association (“USAA”)
filed a Daubert Motion to Strike Portions of the
Expert Report of John Villasenor, which is now before the
Court. (Dkt. No. 82.) USAA seeks to strike portions of the
expert report of Defendant Wells Fargo Bank, N.A's
(“Wells Fargo”) expert, Dr. Villasenor, regarding
(1) non-infringement of system claims and (2) non-infringing
alternatives. (Id.) After consideration, the Court
DENIES the Motion.
702 of the Federal Rules of Evidence governs the
admissibility of expert testimony and provides:
A witness who is qualified as an expert by knowledge, skill,
experience, training, or education may testify in the form of
an opinion or otherwise if:
(a) the expert's scientific, technical, or other
specialized knowledge will help the trier of fact to
understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and
(d) the expert has reliably applied the principles and
methods to the facts of the case.
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, 596 (1993). Questions about
the bases and sources of an expert's opinion generally
relate to the weight that should be given to that opinion
rather than the opinion's admissibility. Primrose
Operating Co. v. Nat'l Am. Ins. Co., 382 F.3d 546,
562 (5th Cir. 2004).
703 of the Federal Rules of Evidence provides that:
An expert may base an opinion on facts or data in the case
that the expert has been made aware of or personally
observed. If experts in the particular field would reasonably
rely on those kinds of facts or data in forming an opinion on
the subject, they need not be admissible for the opinion to
Dr. Villasenor's Non-Infringement Opinions ...