Connect Insights

How to find, vet and defend an expert witness

· 3 min read

How to Maintain Impartiality in Patent Litigation Expert Testimony

In U.S. patent litigation, expert witnesses are crucial in helping the court understand complex technical matters. These experts, who act as persons of ordinary skill in the art, can be either testifying or consulting experts. Testifying experts prepare reports, undergo depositions, and testify in court, directly…

Marina Siqueira

· 4 min read

How to Determine if an Expert Witness is a "Person of Ordinary Skill in the Art" (POSA)

Selecting an expert witness who qualifies as a "Person of Ordinary Skill in the Art" (POSA) is crucial for patent litigation. This designation ensures that the expert can provide reliable testimony from the perspective of someone with relevant expertise in the field. The landmark Kyocera decision has significantly…

Marina Siqueira

· 4 min read

Daubert Motion Unveiled: Origins and Tactical Approaches

The Daubert Standard, also known as the "Daubert Test," is a crucial method used by courts to determine the admissibility of expert testimony at trial. In patent cases, this standard is particularly important as it enables the court to evaluate the reliability and relevance of an expert witness's testimony before it…

Marina Siqueira

· 2 min read

Amended Federal Rule 702: Ensuring Reliable Expert Testimony

The amendments to Federal Rule of Evidence 702, which took effect on December 1, 2023, have profound impacts on the admissibility of expert witnesses. Patent litigation lawyers must understand these changes to successfully leverage expert testimony in their cases. Burden of Proof: The party offering expert testimony…

Marina Siqueira

· 2 min read

Beyond Keywords: Strategies for Uncovering Prior Art in Patent Searches

The ability to uncover prior art is of great importance for patentability assessment. Keywords have long been the cornerstone of patent searches, allowing researchers to identify relevant patent and publication documents based on specific terms. However, reliance solely on keywords can lead to missed opportunities and…

Mikele Bicolli

· 2 min read

The Role of Expert Witnesses in Trademark Cases

In the complex world of trademark litigation, the presence of expert witnesses can significantly influence the outcome of legal proceedings. This article delves into the key role that expert witnesses play and the profound impact they may have on shaping the trajectory of trademark cases. The Importance of Expert…

Mikele Bicolli

· 2 min read

Tips for Selecting an Expert Witness for Inter Partes Reviews Proceedings

Inter Partes Reviews (IPRs) in the realm of patent law demand a strategic and well-prepared approach, especially when it comes to selecting the right expert witness. These professionals play a key role in bolstering your case's credibility and providing specialized insights. Here are some key tips to consider when…

Mikele Bicolli