T-Mobile Gets Divided Ruling In Bid To Exclude Patentee’s Expert Opinions

(September 6, 2017, 1:25 PM EDT) -- MARSHALL, Texas — An expert can opine that accused patent infringer T-Mobile “made” a product, rather than just “used” it, but cannot testify that the company never enabled a restoration feature because it was advised against doing so by counsel, a Texas federal magistrate judge ruled Sept. 4 (Huawei Technologies Co. Ltd. v. T-Mobile US, Inc., et al., No. 2:16-cv-00052, E.D. Texas, 2017 U.S. Dist. LEXIS 142606)....