`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
` C.A. No. 20-925-JFB-SRF
`
`JURY TRIAL DEMANDED
`
`))))))))))))))
`
`HOLOGIC, INC., a Delaware corporation;
`and CYTYC SURGICAL PRODUCTS,
`LLC, a Massachusetts limited liability
`company,
`
`Plaintiffs,
`v.
`
`MINERVA SURGICAL, INC., a Delaware
`corporation.
`
`DEFENDANT MINERVA SURGICAL, INC.’S DAUBERT MOTION TO
`EXCLUDE CERTAIN EXPERT OPINIONS OF:
`(1) KARL R. LEINSING AND (2) CHRISTOPHER C. BARRY
`
`Pursuant to Federal Rules of Evidence 403, 702, and Daubert v. Merrell Dow Pharms.,
`
`Inc, 509 U.S. 579, 597 (1993), Defendant Minerva Surgical, Inc. (“Minerva”) respectfully moves
`
`to exclude certain unreliable testimony, methodology and documents from: (1) Plaintiffs
`
`Hologic, Inc’s and Cytyc Surgical Products, LLC’s (collectively, “Hologic”) expert Karl R.
`
`Leinsing on the issue of improper of claim construction; and (2) Hologic’s damages expert
`
`Christopher C. Barry on the issues of reasonable royalty damages. The grounds for this motion
`
`are set forth fully in the Opening Brief and accompanying papers filed contemporaneously
`
`herewith.
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 88 Filed 03/22/21 Page 2 of 2 PageID #: 3014
`
`Respectfully submitted,
`
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`
`/s/ Ian R. Liston
`Ian R. Liston (#5507)
`Jennifer A. Ward (#6476)
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`(302) 304-7600
`iliston@wsgr.com
`jward@wsgr.com
`
`Counsel for Defendant Minerva Surgical, Inc.
`
`Of Counsel:
`
`Vera M. Elson
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`(650) 493-9300
`velson@wsgr.com
`Edward G. Poplawski
`Olivia M. Kim
`Erik J. Carlson
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`633 West Fifth Street, 15th Floor
`Los Angeles, CA 90071
`(323) 210-2900
`epoplawski@wsgr.com
`okim@wsgr.com
`ecarlson@wsgr.com
`
`Dated: March 22, 2021
`
`2
`
`
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