U.S. Circuit Judge Richard A. Posner in Chicago excluded damages expert witness testimony in Apple v. Motorola (1:11‐cv‐08540), ruling that neither Apple nor Motorola have been able to prove damages and will not be allowed to refile a claim. Regarding expert testimony, Judge Posner said:
The biggest challenge to the judge at a Daubert hearing, if as in this case the subject matter of the proposed expert testimony is within the judge’s comprehension, is to distinguish between disabling problems with the proposed testimony, which are a ground for excluding it, and weaknesses in the testimony,
which are properly resolved at the trial itself on the basis of evi‐
dence and cross‐examination.