Stencel v. Fairchild Corp.

ORDER RE: PLAINTIFF’S MOTION TO DISQUALIFY DEFENDANT’S EXPERT

FEESS, District Judge.

I

INTRODUCTION

The motion before this Court involves efforts by both parties to obtain an expert witness from the same law firm. Some months ago. Plaintiff approached one member of the Knobbe, Manens, Olson & Sear (“KMOB”) firm, Craig Summers, to testify as a patent expert. Mr. Summers tentatively agreed to accept the retention, but ultimately withdrew when he discovered a conflict that would prevent him from testifying against Defendant. Later, Defendant retained a different KMOB partner. Thomas Smegal, from a…