How to win with court-appointed experts
01 June 2009
More judges may start appointing independent experts to help juries understand technical issues in patent cases. This is how to turn the trend to your advantage
In patent infringement suits, the merits of a case often lie in deciding highly technical and complex issues of science. For a jury, this is an incredible task to undertake. To assist the jury, counsel often call upon technical experts to present the technical issues of their case. The expert will testify not only to explain the technology, but also to offer an opinion on the ultimate issues to be decided. One party's expert, however, is often met with an expert from the other side. As a result, the jury is left to decide highly technical issues based on the competing testimony of experts. The outcome of the case therefore often depends on which expert the jury felt was more credible....
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