Arlington Industries, Inc. v. Bridgeport Fittings

Citation658 F.Supp.2d 630
Decision Date10 September 2009
Docket NumberCivil Action No. 3:01-CV-0485.
PartiesARLINGTON INDUSTRIES, INC., Plaintiff v. BRIDGEPORT FITTINGS, INC., Defendant Bridgeport Fittings, Inc., Consolidated Plaintiff v. Arlington Industries, Inc., Consolidated Defendant.
CourtU.S. District Court — Middle District of Pennsylvania

Auzville Jackson, Jr., Richmond, VA, Kathryn L. Clune, Crowell & Moring, Mark L. Hogge, Shailendra K. Maheshwari, Greenberg Traurig, LLP, Washington, DC, Robert J. Tribeck, Rhoads & Sinon LLP, Harrisburg, PA, Matthew R. Palen, Briggs and Morgan, P.A., Minneapolis, MN, for Plaintiff.

Alan M. Anderson, Matthew R. Palen, Sharna A. Wahlgren, Briggs & Morgan P.A., Minneapolis, MN, Joseph G. Ferguson, De Angelo Brother, Inc., Hazleton, PA, Mark E. Ungerman, Morrison & Foerster, LLP, Washington, DC, Robert N. Gawlas, Jr., Rosenn, Jenkins & Greenwald, LLP, Wilkes Barre, PA, for Defendant.

MEMORANDUM

CHRISTOPHER C. CONNER, District Judge.

This is a consolidated patent infringement suit in which Arlington Industries, Incorporated ("Arlington") seeks to hold Bridgeport Fittings, Incorporated ("Bridgeport") liable for infringement, and Bridgeport seeks to invalidate Arlington's patent. Presently before the court is Bridgeport's motion in limine (Doc. 478 ¶¶ 1, 5) to exclude from trial the expert testimony of Christopher Rahn ("Rahn"), Daniel O'Neil ("O'Neil"), Thomas Gretz ("Gretz"), and Mark Gallagher ("Gallagher"). For the reasons that follow, the motion will be denied with respect to each of the witnesses.

I. Factual Background1

Arlington and Bridgeport manufacture and design metallic and non-metallic electrical conduit fittings. Arlington's patented fitting—United States Patent Number 5,266,050 (the "'050 patent")—features a circular spring metal adaptor, attached to which are at least two tensioning tangs bent outward at an angle relative to the normal plane of the adaptor. When the adaptor is inserted into the knockout hole of an electrical junction box, the tensioning tangs press against the junction box walls and lock the adaptor firmly into place. (See Doc. 471 at 2-3.)

Bridgeport manufactures a line of allegedly infringing electrical fittings, collectively denominated "Whipper-Snap" connectors.2 Each model electrical fitting in the Whipper-Snap product line consists of a circular spring metal adaptor. Attached to the leading end of this adaptor are a total of four tensioning tangs and two anchoring tabs. Arlington contends that the tensioning tangs on the Whipper-Snap fittings are bent outward at an angle relative to the normal plane of the adaptor; Bridgeport asserts that the accused products' tensioning tangs are co-conical with, and lie in the normal plane of, the adaptor. (See id. at 5-7.)

Since the above-captioned action was commenced in late 2005, the parties have engaged in extensive discovery, a Markman hearing, and summary judgment briefing; jury selection is scheduled for September 14, 2009. In anticipation of trial, Bridgeport filed a motion in limine on June 25, 2009. (See Doc. 478.) Although the motion seeks to exclude nine distinct categories of evidence, the instant memorandum is limited to Bridgeport's objections to the admissibility of expert testimony proffered by Rahn, O'Neil, Gretz, and Gallagher.

II. Legal Standard

Admissibility of expert testimony is a question of law governed by Federal Rule of Evidence 702. See Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 588-89, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). The rule provides:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

FED.R.EVID. 702; see also Calhoun v. Yamaha Motor Corp., U.S.A., 350 F.3d 316, 321 (3d Cir.2003) (explaining that the Rule 702 requirements constitute "the `trilogy of restrictions on expert testimony: qualification, reliability and fit'" (quoting Schneider v. Fried, 320 F.3d 396, 405 (3d Cir. 2003))). Only if expert testimony is both relevant and reliable may it be admitted at trial. However, according to the Third Circuit Court of Appeals,3 Rule 702 embraces a "liberal policy of admissibility," pursuant to which it is preferable to admit any evidence that may assist the trier of fact. Pineda v. Ford Motor Co., 520 F.3d 237, 243 (3d Cir.2008) (quoting Kannankeril v. Terminix Int'l, Inc., 128 F.3d 802, 806 (3d Cir.1997)).

III. Discussion

Bridgeport moves to preclude Rahn and O'Neil from offering testimony concerning empirical measurements that each of these witnesses performed upon the Whipper-Snap fittings. In addition, Bridgeport seeks to exclude Rahn, O'Neil, and Gretz from opining that the tensioning tangs attached to the Whipper-Snap products are "outwardly sprung." Finally, Bridgeport requests exclusion of evidence proffered by Gallagher regarding lost profits and the absence of acceptable non-infringing alternative products. The court will address each of these witnesses in turn.

A. Christopher Rahn

Rahn is a doctor of philosophy in mechanical engineering and a professor of the same at the Pennsylvania State University. He has over twenty-five years' experience in the mechanical engineering field, published over fifty peer-reviewed research papers, and authored a textbook on mechatronics. (See Doc. 286, Rahn Dec. ¶ 1.) He is a self-described expert in the fields of electrical connectors, mechanical engineering, electrical engineering, and mechatronics. (Id. ¶ 2.) Bridgeport makes no attempt to impugn Rahn's qualifications to testify.

Rahn was retained by Arlington as an engineering consultant and has presented several reports throughout the litigation. In the report dated June 1, 2007, Rahn describes measurements he performed on sixty model 38ASP Whipper-Snap connectors. (See Doc. 486, Ex. 12 ¶¶ 13-18.) Rahn explains,

For each adaptor, three measurements were made. First, the "A" diameter measurement across the first pair of sprung members was made. Then, the "B" diameter measurement across the second pair of sprung members was made. Finally, the "C" diameter across the body of the adaptor was made. The measurements were made using a slide caliper with a resolution of 0.001 inches that was calibrated using a 0.800 inch gage block.

(Id. ¶ 15.) The "A" and "B" diameters represent the trailing-end distance between pairs of tensioning tangs, while the "C" diameter captures the distance across the adaptor body, also at the connector's trailing end. Rahn's report indicates that 119 out of 120 pairs of tensioning tangs measured a larger diameter at the trailing end than the corresponding trailing-end diameter across the adaptor body. (Id. ¶ 16.) According to Rahn, this data illustrates that the "outwardly sprung members of a random sample of the adaptors on 60 Accused Products have a larger diameter at the trailing end than the main body of the adaptor, and are therefore bent away from the main body. These members therefore act as `outwardly sprung members' according to Bridgeport's construction." (Id. ¶ 18.)

In a report dated July 27, 2007, Rahn elaborates on his findings, stating, "At the trailing end of the adaptor, the diameters of the tensioning tangs are greater than the diameters of the anchoring tabs. This means that the tensioning tangs do not lie in the surface of the cone generated by the anchoring tabs and the tensioning tangs are bent toward the outside of the adaptor relative to the anchoring tabs." (Doc. 486, Ex. 10 ¶ 21.) Rahn concludes that the Whipper-Snap tensioning tangs are therefore "outwardly sprung members." (Id.) Rahn's most recent report, dated June 25, 2009, converts the diameter measurements recorded in his earlier reports to angular measurements. After explaining the mathematics underlying the conversion, Rahn reports that the tensioning tangs on the 38ASP product are bent at an angle of 1.2 degrees away from the normal plane of the adaptor. (Doc. 501, Ex. 4 ¶ 6.)

Arlington may present Rahn's testimony to the jury if the reliability and relevance of the evidence is established by a preponderance of proof. See Oddi v. Ford Motor Co., 234 F.3d 136, 144 (3d Cir.2000); see also In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 744-46 (3d Cir. 1994). Reliable expert testimony is that which is based upon sound methodology and technique. See Pineda, 520 F.3d at 247; In re Paoli, 35 F.3d at 744 (explaining that "with regard to reliability, helpfulness [to the trier of fact] turns on whether the expert's `technique or principle' [is] sufficiently reliable so that it will aid the jury in reaching accurate results") (quoting DeLuca v. Merrell Dow Pharms., Inc., 911 F.2d 941, 956 (3d Cir.1990)). Expert testimony that is relevant is that which is derived from reliable methods and "fits" the facts of the case in dispute, reflecting the facts in a manner that is helpful to the jury. See Calhoun, 350 F.3d at 321; see also Daubert, 509 U.S. at 591-92, 113 S.Ct. 2786. Clearing the bar of admissibility does not require that Rahn's techniques are flawless, however, for "the standard for determining reliability is not that high, even given the evidentiary gauntlet facing the proponent of expert testimony under Rule 702." In re TMI Litig., 193 F.3d 613, 665 (3d Cir.1999); see also In re Paoli, 35 F.3d at 744-45 (explaining that expert testimony based upon flawed methodology may nonetheless assist the jury in reaching a decision).

Rahn's measurements, and the conclusions derived therefrom, are admissible under the standard set forth in Daubert. As an initial matter, the proffered evidence is clearly...

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