District of Delaware Grants Defendant’s Motion to Exclude Plaintiff Damages Expert’s Testimony in False Advertising Action under the Lanham Act
Delaware Intellectual Property Litigation Blog
MAY 15, 2021
By Memorandum Opinion entered by The Honorable Colm F. Connolly in CareDx, Inc. v. Natera, Inc. , Civil Action No. 19-662-CFC-CJB (D.Del. May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” CareDx sought to offer the damages expert’s testimony at trial in support of its claims for damages against Natera under § 1117(a)(2) of the Lanham Act.
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