ED Texas on Daubert/Kumho issue

Plaintiff Network-1 moved to exclude certain opinions of expert Ambreen Salters, as unreliable.

However, to the extent Plaintiff disagrees with the accuracy of Salters's decision to treat the fluctuating numbers in the spreadsheet as variable costs, or her decision to be conservative by treating only 50% of the operating costs as variable based on Thompson's deposition testimony, these concerns are best addressed through vigorous cross examination at trial, not wholesale exclusion. These concerns, as well as the other concerns Plaintiff has raised in the briefing, go to the weight, not admissibility of Salters's testimony.




from NETWORK-1 TECHNOLOGIES, INC. v. RWS-KNM ALCATEL-LUCENT USA, INC., ET AL., 2017 U.S. Dist. LEXIS 147812