MicroStrategy loses at the CAFC; an appalling expert report
Judge Rader wrote the opinion, which tackles atypical Federal Circuit fare in a different way.
There is a cite to Daubert v. Merrell Dow, 509 U.S. 579, as well as to Kumho Tire, 526 U.S. 137. The CAFC cited to the underlying district court decision about an expert report: "[t]his report does not pass the red face test. It does not pass the Daubert test... I frankly was appalled at it."