Rembrandt Vision Technologies, L.P. v. Johnson & Johnson Vision Care, Inc.

This case presents two important questions about the interpretation of Rule 60(b)(3) of the Federal Rules of Civil Procedure in the context of false testimony by an expert witness. The first is whether a showing by a movant that it lacked a “full and . fair” opportunity to present its case requires some showing that the result could have been affected by the false testimony. The second is whether false testimony by an-.expert witness can be attributed “to the opposing, party” (as required by the rule) without a showing of knowledge or reason to know that the testimony was- false. ;I…