Sig Sauer, et al. v. Freed Designs (Doc. No. 89)

2017 DNH 190

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Sig Sauer, Inc.; Check-Mate Industries, Inc.; Check-Mate International Products, Inc.; Nordon, Inc.; and Thomas Pierce d/b/a Pierce Designs, Plaintiffs

v. Case No. 14-cv-461-SM Opinion No. 2017 DNH 190

Freed Designs, Inc., Defendant

O R D E R

Defendant’s motion to strike the declaration of J.B. Wood (document no. 89) is denied, but without prejudice to interposing an appropriate objection at trial.

Federal Rule of Evidence 702 permits both opinion and useful non-opinion testimony based upon specialized knowledge, skill, experience, training or education. The record discloses that Mr. Wood is particularly well-qualified to provide both opinion and useful non-opinion evidence in the pertinent field of gunsmithing and firearms design and function based upon his specialized knowledge, extended training, extensive experience, skill, and education. It also seems self-evident that Mr. Wood

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is a person of at least ordinary skill in the arts pertinent to understanding the patent-in-suit.

Conclusion

The motion to strike declaration (document no. 89) is denied, but without prejudice to interposing an appropriate objection at trial.

SO ORDERED.

____________________________

Steven J. McAuliffe

United States District Judge

September 14, 2017

cc: Laura L. Carroll, Esq.

Zachary R. Gates, Esq.

Neal E. Friedman, Esq.

Michael J. Bujold, Esq.