IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREBRISTOL-MYERS SQUIBB CO.,Plaintiffs,
V.
Civil Action No. 10-805-RGATEVA PHARMACEUTICALS USA, INC., :Defendant.
ORDER
Before the Court are two motions. Defendant filed a "Motion to Exclude the ExpertReport and Related Testimony
of
Richard Killworth, Esq." (D.I. 100). Defendant also filed a"Motion to Exclude the Expert Report and Related Testimony
of
Katherine Seley-Radtke, Ph.D."(D.I. 98).Upon consideration
ofboth
motions and related briefing, the Court rules:
1.
The Defendant's Motion (D.I. 100) is
GRANTED.
The report and testimony areexcluded as I do not believe they will assist the trier
of
fact.
See
Fed.
R.
Evid. 702.2. The Defendant's Motion (D.I. 98) is
GRANTED
(with leave for the Plaintiff to argueafter the close
of
the Defendant's case that Dr. Seley-Radtke's testimony is necessary). This isdone with the understanding that Defendant will not object based
on
the expert discovery rules to
Plaintiffs
other "esteemed nucleoside chemist" covering the same material to the extent it ismaterial to his testimony. Having two experts with the exact same expertise is cumulative, andcertainly increases the possibility
of
wasteful and redundant testimony. Dr. Seley-Radtke'stestimony is therefore a good candidate for exclusion pursuant to Rule 403. I understand the trial
Case 1:10-cv-00805-RGA Document 127 Filed 07/17/12 Page 1 of 2 PageID #: 1786
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Bristol-Myers Squibb Co. v. Teva Pharmaceuticals USA, Inc., C.A. No. 10-805-RGA (D. Del. July 17, 2012)
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