KEY DEFENSE: No “low level current” so no infringement.
This defense hinged on the expert report of Defendants’ expert, Dr. Colwell. In deposition, we obtained clear admissions from Dr. Colwell that allowed us to establish that he was not applying the proper construction of the term “low level current” in his analysis.
We moved to exclude his opinions – if the Defendants could not introduce such evidence, their non-infringement defense would crumble:
