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United Services Automobile Association v. Wells Fargo Bank, N.A.

United States District Court, E.D. Texas, Marshall Division

December 17, 2019

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff,
v.
WELLS FARGO BANK, N.A., Defendant.

          MEMORANDUM ORDER

          ROY S. PAYNE UNITED STATES MAGISTRATE JUDGE.

         Plaintiff 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.

         I. APPLICABLE LAW

         Rule 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 methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.

         “Vigorous 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).

         Rule 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 be admitted.

         II. ANALYSIS

         A. Dr. Villasenor's Non-Infringement Opinions ...


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