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posted on
Apr 25, 2009 10:35AM
Samuel C. Straight (7638)
Ryan B. Bell (9956)
RAY QUINNEY & NEBEKER, P.C.
36 South State Street, Suite 1400
Salt Lake City, Utah 84111
Telephone: (801) 532-1500
Attorneys for Defendant e.Digital Corporation
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION |
|
DIGECOR, INC., a Washington corporation, Plaintiff, v. E.DIGITAL CORPORATION, a Delaware corporation; DOES 1 to 20, individuals; Defendants. |
E.DIGITAL’S DAUBERT MOTION TO EXCLUDE TESTIMONY OF PAUL HEPWORTH Civil Case No. 02:06-CV-00437 Judge Clark Waddoups |
Pursuant to DUCivR 7-1 and Federal Rule of Evidence 702, Defendant e.Digital Corporation moves the Court to exclude the opinion testimony of Paul Hepworth from the trial of this case.
As fully outlined in the supporting memorandum filed contemporaneously herewith, the grounds for this motion are as follows: (1) Mr. Hepworth’s education and experience as a software developer does not qualify him to render expert opinion testimony regarding the intricacies of the competing Digital Rights Management solutions at issue in this case; and (2) Mr. Hepworth is incurably biased.
Accordingly, e.Digital asks that Mr. Hepworth’s unqualified and biased opinion testimony be excluded or given very little evidentiary weight.