Stephen Wyman and John Goolsby, a partnership v. Sunbeam Products, Inc.

facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert 9 has reliably applied the principles and methods to the facts of the case.” Fed. R. Evid. 702. In 10 Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court held that Rule 702 requires the 11 district court to act as a gatekeeper to “ensure that any and all scientific testimony or evidence 12 admitted is not only relevant, but reliable.” 509 U.S. at 589. In Kumho Tire Co., Ltd. v. 13 Carmichael, the Supreme Court clarified that the “basic gatekeeping obligation” articulated in 14 Daubert applies not only to scientific testimony but to all expert testimony. 526 U.S. 137, 147 15 (1999). The Supreme Court also made clear that the reliability inquiry is a flexible one, and 16 “whether Daubert’s specific factors are, or are not, reasonable measures of reliability in a 17 particular case is a matter that the law grants the trial judge broad latitude to determine.” Id. at 18 153; see also Micro Chem., Inc. v. Lextron, Inc., 317 F.3d 1387, 1391 (Fed. Cir. 2003). 19 “Daubert and Rule 702 are safeguards against unreliable or irrelevant opinions, not 20 guarantees of correctness.”…