The Federal Circuit Remands for a New Trial After Finding Untimely Expert Disclosure

Federal Circuit reversed Eastern District of North Carolina's admission of D R Burton Healthcare's expert Dr. Collins' testimony against Trudell Medical International regarding U.S. Patent 9,808,588 for oscillatory positive expiratory pressure therapy devices. Court found expert disclosure untimely and testimony unreliable under Federal Rule of Evidence 702. Case remanded for new trial excluding Collins' non-infringement testimony, reassigned to different judge due to trial judge's statements undermining fairness appearance.