Quidel Corporation v. Siemens Medical Solutions USA, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

12 QUIDEL CORPORATION, Case No. 16-cv-3059-BAS-AGS 13 Plaintiff, ORDER DENYING DEFENDANTS’ MOTION TO

EXCLUDE THE SURVEY,

v. EXPERT REPORT, AND

TESTIMONY OF MATTHEW G.

SIEMENS MEDICAL SOLUTIONS EZELL USA, INC., et al., [ECF No. 135] Defendants. 18 19 Plaintiff Quidel Corporation and Defendants Siemens Medical Solutions USA, Inc. and Siemens Healthcare Diagnostics Inc. have each retained expert witnesses to opine on portions of this litigation. One of Plaintiff’s experts is Matthew G. Ezell, who conducted a survey and wrote an expert report based on his findings from the survey. Defendants seek to exclude the survey, report, and testimony of Mr. Ezell. (“Mot.,” ECF No. 135.) For the foregoing reasons, the Court DENIES the Motion. 26 27 I. Relevant Background1 Plaintiff and Defendants each manufacture and sell assays (blood tests) that can aid in the detection of Graves’…