Application to Other Experts

The methodology discussed in the two examples provided above can and should be used when deposing any opposing expert in a federal case or in a state venue where the Daubert gatekeeping principles apply. There is no better way to succeed with a Daubert motion than to demonstrate to the trial judge that the challenged expert's own testimony has demonstrated that his methodology is deficient; his or her own testimony demonstrates that he or she has not applied in the case before the court the same intellectual rigor that the expert would have applied in the expert’s chosen profession.

Seems to me the above has taken place, however, do the principles apply with respect to PTAB proceedings?

doni