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Precedential No. 5: Prompt Supplementation of Expert Disclosure Defeats Motion to Exclude Testimony, Says TTAB

In this straightforward procedural decision, the Board denied Petitioner AOG's motion to exclude Respondent's expert witness, ruling that Respondent HFM had cured any deficiencies in its expert disclosure by prompt supplementation. General Council of the Assemblies of God dba Gospel Publishing House v. Heritage Music Foundation, Cancellation No. 92051525 (February 3, 2011) [precedential].Respondent served its expert disclosures in timely fashion under Rule 2.120(a)(2), thirty days prior to the close of discovery. One week later, Petitioner moved to "strike" Respondent's expert witness testimony [i.e., exclude it, since the testimony hadn't been given yet] on the ground that the disclosure failed to comply with FRCP 26(a)(2): it was not signed by the expert, did not include a list of her publications (it turned out there were none), did not include a list of cases in which she had testified (one), and did not state her compensation ($750)...continue to full post

Full post as published by The TTABlog on February 11, 2011 (boomark / email).