Expert witnesses play a critical role in patent litigation with respect to both liability and damages issues. David Gross and Mindy Sooter of Faegre Baker Daniels will speak on this issue at Practising Law Institute's Patent Litigation 2014 conference on October 6.
Often a company's best resource on the technology at issue or state of the marketplace is one of its employees. The employee (typically a "non-retained" or "inside" expert) can provide valuable information on the state of the prior art or state of the market and competition, advise on the similarities or differences between the patent claims and the accused products/methods, help keep the company focused on the business issues, and help identify outside experts. Any such employee that may be used to provide expert opinions (in additional to factual testimony) must likewise be disclosed as an expert, including disclosure of the subject matter and underlying opinions and facts to be testified on.
This session will cover the selection and use of testifying and non-testifying experts, the use of experts at Markman hearings, the development of expert opinions, the preparation of expert reports, and the discoverability of certain communications with the expert. This segment will also consider the use of evidentiary motions including Daubert motions and other motions in limine to exclude or limit expert testimony at trial. A live expert demonstration may also be a component of this session.