Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00901-JJF Document 394 Filed O3/O1/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AFFYMETRIX, INC., :
Plaintiff, ;
v. ; Civil Action No. 04-901 JJF
ILLUMINA, INC., ;
Defendant. E
9.325.1%
WHEREAS, on February 13, 2007, Defendant filed under seal a
Motion To Exclude The Expert Testimony of Matthew Lynde as it
relates to lost profits (D.I. 369) contending that the expert's
opinion should be excluded under the principles set forth in
Daubert v. Merrell Dow Pharms Inc., 509 U.S. 579 (1993) because
it is unreliable and speculative;
WHEREAS, the Court concludes that the expert's testimony
should not be excluded because the expert's methodology is
accepted by experts in economics and Defendant’s contentions are
relevant to the weight the jury may give to the expert's opinion,
not to the admissibility of the testimony;
NOW THEREFORE, IT IS HEREBY ORDERED that Defendant's Motion
To Exclude The Expert Testimony Of Matthew Lynde (D.I. 369) is
DENIED.
O
March 1, 2007 •
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