Expert Witnesses: Choosing, Working With and Examining an Expert in a Patent Case

Expert Witnesses: Choosing, Working With and Examining an Expert in a Patent Case

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This session will be a wide-ranging conversation relating to the selection, preparation and use of different types of experts that are typically used in various forums in patent litigation. We will look at the issue of experts in district court, at the Patent Trial and Appeal Board (PTAB) and at the U.S. International Trade Commission (ITC). The panel will discuss, among other things, the following questions and points.

1. What type of experts are used in patent cases?
2. What are the different types of cases where you use a particular type of expert?
3. How do you go about finding an expert?
4. What are the best practices for communicating with experts?
5. What are the discovery issues associated with experts?
6. How do you remediate a situation where an expert makes an error?
7. What are the best practices for preparing an expert?
8. Do you use the same expert at the PTAB and at the district court?
9. What is the purpose of the testimony at trial and how is it different than an expert report?
10. Best practices for drafting PTAB declarations and mistakes made.
11. Best practices for getting the most out of your economic expert?
12. Coordinating testimony between experts of different types.
13. Understanding the goal of the testimony as early as possible to inform the desired opinion.

CLE Materials (Requested in Virginia only)

Don’t Let Experts Testify as to Obviousness

The Role of an Patent Procedure Expert in Patent Litigation