The importance of expert evidence in Germany
The use of expert witnesses is less common in German patent litigation compared with the UK or US and in practice experts are only used in approximately 5% to 10% of cases. However, argues Georg Rauh, greater complexity and technical difficulty of cases mean experts may become more important
Notionally there are two types of expert in litigation in Germany: the court-appointed expert and the party expert. These two types of expert each have a different status within proceedings and thus play very different roles. These differences will be...
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