Damages Expert May Not Rely on Unproduced License Within Expert's Personal Knowledge

Plaintiff's motion to exclude portions of defendant's damages expert's opinion was granted as to a license relied upon by the expert that was never produced. "Defendant contends that [the expert] is able to rely on this data because it falls within his personal knowledge. Because [defendant's expert] relied on the license, did not produce the license, and was unable at deposition to elaborate on the details of the license, he may not make reference to this license or its contents." Alexsam, Inc. v. Shell Oil Company, et. al., 2-08-cv-00015 (TXED October 14, 2011, Order) (Schneider, J.)

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