Expert’s Slipup Leads to Johnson & Johnson Win

     (CN) – Johnson & Johnson cleared patent-infringement claims over its Acuvue contact lenses after a federal judge found that a witness gave inconsistent testimony about product testing.



     In a federal complaint, Rembrandt Vision Technologies claimed that Johnson & Johnson Vision Care Inc.’s Acuvue Advance and Acuvue Oasys contact lenses infringed on its patent.
     During trial, however, Rembrandt’s expert, Dr. Thomas Beebe contradicted his expert report. Beebe testified that he tested the contacts using different procedures than described in his report.
     Johnson & Johnson moved to exclude Dr. Beebe’s testimony, and for judgment as a matter of law.
     U.S. District Judge Timothy Corrigan deferred ruling on the motions until after the jury reached a verdict. He granted the motion to strike and the judgment as a matter of law as alternative in May.
     On Monday, Corrigan described his reasoning.
     “The court thus concludes that Dr. Beebe’s methodology is not scientifically reliable,” the 28-page decision states. “His testing procedures are undocumented and do not conform to the governing scientific standards. The court would be abdicating its gatekeeping role if it allowed the jury to rely on Dr. Beebe’s opinion.”
     “Not only did Dr. Beebe depart from generally accepted scientific standards, his methodology is also unreliable because he failed to keep proper records and documentation of his procedures,” Corrigan added.

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