Richards Layton & Finger

Chief Judge Stark Grants Motion to Disqualify Expert

August 30, 2017

In MorphoSys AG v. Janssen Biotech, Inc., C.A. No. 16-221-LPS-CJB (D. Del. Aug. 7, 2017), Chief Judge Stark, by oral order, granted the plaintiff’s request to disqualify the defendants’ expert. The Court found that there was a confidential relationship between the plaintiff and the expert, in which the expert was exposed to confidential and privileged material, including information about the prosecution of patents cited in the asserted patents. The passage of time did not persuade the Court that all of the information had subsequently become publicly available.

Key Point: Parties should select experts with caution in order to avoid expert disqualification.