In a separate order, the court granted a motion to strike portions of Genband’s expert report relating to subject matter eligibility. The court noted that the section 101 challenge was a question of law and reliance on expert testimony was disfavored. The court further stated that the utility of expert testimony on subject matter eligibility is limited to supplying background facts about the nature of the art and the patents, similar to expert testimony in the context of claim construction.
Genband US LLC v. Metaswitch Networks Corp., No. 2-14-cv-00033, Dkt. No. 408 (E.D. Tex. Jan. 8, 2016) [Payne]