Interference No. 103,675
be excluded from the evidence if Chen et al. could establish that they
came within any of the hearsay exceptions set forth in Federal Rule
803 (Hearsay Exceptions; Availability of Declarant Immaterial) or
Federal Rule 807 (Residual Exception), formerly Federal Rule 803(24).
For reasons set forth fully below, we find that Chen et al. have not
established that Ms. Wei's laboratory notebooks or the associated
scientific data come within any of the exceptions in Federal Rule 803
or under Federal Rule 807.
In their opposition, Chen et al. argue that the type of
evidence which Bouchard et al. seek to exclude "lie at the heart of
almost all interferences":
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