Middle District of Florida Excludes the Altered Opinion of Rembrandt’s Expert

On June 27, 2017, the United States District Court for the Middle District of Florida granted the Daubert motion filed by Johnson & Johnson Vision Care, Inc. to exclude the altered opinion of the plaintiff’s expert, Dr. Beebe.  Dr. Beebe had testified, in 2011 and 2012, that the tests performed by a third party using the “sputtering” technique were unreliable, but now wished to rely upon them in the upcoming trial due to supposed technological progress in recent years.  The Court was unpersuaded by his reasoning and ordered that “Dr. Beebe may not testify about or rely upon [the] tests.”  The plaintiff in this case is Rembrandt Vision Technologies LP.

 

The patent-at-issue is U.S. Patent No. 5,712,327, entitled, “Soft Gas Permeable Contact Lens Having Improved Clinical Performance.”  The case is captioned Rembrandt Vision Technologies LP v. Johnson & Johnson Vision Care, Inc., 3:11-cv-819-J-32JRK.

By: Chika Seidel