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So far Karen Cerbarano has created 51 blog entries.

Studying Opposing Counsel: Preparing for Your Expert Deposition

Expert witnesses who are to be deposed in challenging cases should consider studying the style of opposing counsel. Expert witnesses of all disciplines, from accident reconstruction to wound care should go beyond looking at counsel’s webpage and maybe a few of her publications. Expert witnesses, with the assistance of retaining counsel, should obtain deposition transcripts/videos [...]

By |2019-09-28T14:51:15-04:00September 27th, 2019|Uncategorized|Comments Off on Studying Opposing Counsel: Preparing for Your Expert Deposition

The Biggest Mistakes Experts Make in Succession Planning

Steven Babitsky, Esq. Many successful expert witnesses have viable and profitable businesses. The desire to “keep at it” often prevents experts from forming a viable succession plan. In fact, well thought out succession plans often enable expert witnesses to continue working, be more selective in their assignments, and provide income when they do decide to [...]

By |2018-06-07T08:23:46-04:00June 7th, 2018|Uncategorized|Comments Off on The Biggest Mistakes Experts Make in Succession Planning

Daubert Expert on Risk Assessment for Expert Witness Challenges

By Steven Babitsky, Esq. Expert witnesses of all specialties are facing an increasing numbers of Daubert challenges. The admissibility rate varies by area of expertise. Physicians, when testifying in certain areas, have approximately a 50% exclusion rate with many financial experts (fraud 52% and intellectual property 51%) a little higher.[1] What can and should expert [...]

By |2018-05-17T14:12:40-04:00May 17th, 2018|Uncategorized|Comments Off on Daubert Expert on Risk Assessment for Expert Witness Challenges

Expert Witness in Patent Case: Person of Ordinary Skill in Art (POSA) – a Pitfall

It doesn't say inflatable, but it says this other word...I can't think of a synonym for inflatable, but another word for inflatable and that means...a person who's skilled in the art, again, POSA, would know that that was inflatable, and so it's disclosing that, and it's disclosing that it's orange even though it [...]

By |2017-11-07T15:35:25-04:00November 7th, 2017|Uncategorized|Comments Off on Expert Witness in Patent Case: Person of Ordinary Skill in Art (POSA) – a Pitfall

Time Limits at U.S. District Court Trials for Patent Expert Witnesses

Excerpted from SEAK's DVD and Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques Okay, let's talk about direct examination. We have, like, an hour left. One of the things that I noted when I was doing research for this course...I looked at a survey that Law 360 [...]

By |2018-08-13T18:16:22-04:00November 7th, 2017|Uncategorized|Comments Off on Time Limits at U.S. District Court Trials for Patent Expert Witnesses

How Patent Expert Witnesses Can Assist Retaining Counsel with Prior Art Discovery

Excerpted from SEAK's DVD and Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques On the prior art side, this is where I find experts to be very helpful, would be what was, if we go back in time to the relevant invention date of, like, say, 1998, [...]

By |2018-08-13T18:15:24-04:00November 7th, 2017|Uncategorized|Comments Off on How Patent Expert Witnesses Can Assist Retaining Counsel with Prior Art Discovery

Doctrine of Equivalents Opinions and the Patent Expert Witness

Excerpted from SEAK's DVD and Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques Now there's a doctrine of equivalents and this is something we're experts are called upon quite a bit and this is a really tricky area of the law. So it's doctrine of equivalents or [...]

By |2018-08-13T18:14:20-04:00November 7th, 2017|Uncategorized|Comments Off on Doctrine of Equivalents Opinions and the Patent Expert Witness

How to Optimize Your Expert Witness Directory Listing for Patent Cases

Excerpted from SEAK's DVD and Course:  How to Excel as an Expert Witness in Patent Cases:  Special Techniques When you go to the expert witness directory, all right, make sure your online profile is top notch. All right? Get a good, professional photograph. All right? Because I've had, when I started talking [...]

By |2018-11-01T11:53:11-04:00November 7th, 2017|Uncategorized|Comments Off on How to Optimize Your Expert Witness Directory Listing for Patent Cases

Graham Factors and the Patent Expert Witness

Excerpted from SEAK's DVD and Course:  How to Excel as an Expert Witness in Patent Cases:  Special Techniques So that we got the three. This is the Graham Factor Steve was talking about earlier. Again, it's another one where you don't need to have the terms memorized. But it's, you know, if [...]

By |2018-08-13T17:54:26-04:00November 7th, 2017|Uncategorized|Comments Off on Graham Factors and the Patent Expert Witness

Patent Expert Witness – How to Excel With Your Technology Tutorial During a Markman Hearing

Excerpted from SEAK's DVD and Course:  How to Excel as an Expert Witness in Patent Cases:  Special Techniques So technology tutorials can be incredibly useful, as I've said before. What they do...you're educating the judge, you're educating the judge's clerks, if he's got a technology advisor, you're educating the technology advisor on [...]

By |2018-08-13T17:52:32-04:00November 7th, 2017|Uncategorized|Comments Off on Patent Expert Witness – How to Excel With Your Technology Tutorial During a Markman Hearing