Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.

November 7, 2017

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 doesn’t say orange, and it’s disclosing that

November 7, 2017

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

Excerpted from SEAK’s 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 did, which is a law website, and they did a

November 7, 2017

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

Excerpted from SEAK’s 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, what other companies that were out there that are now

November 7, 2017

Doctrine of Equivalents Opinions and the Patent Expert Witness

Excerpted from SEAK’s 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 DOE as we like to abbreviate everything. So even if

November 7, 2017

How to Optimize Your Expert Witness Directory Listing for Patent Cases

Excerpted from SEAK’s 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 about LinkedIn, some of the older people in the audience

November 7, 2017

Graham Factors and the Patent Expert Witness

Excerpted from SEAK’s 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 you hear attorneys talking about the Graham Factors, this is

November 7, 2017

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

Excerpted from SEAK’s 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 the technology. And while these are intended to be neutral…not

November 7, 2017

Patent Expert Witness: Claim Construction Differences Between Patent Office and District Court

Excerpted from SEAK’s Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques Keep in mind. At the other place where Claim Construction comes up is going to be a patent office proceedings. And, a critical aspect of the patent office proceeding is that they construe claims differently than District Courts. In District Court, it’s the presumption

November 7, 2017

Why a Hatch-Waxman Patent Expert Witness Will Likely Appear in a Bench Trial

We’ll talk a little bit more in detail, I think tomorrow about Hatch-Waxman. How many of you have heard of Hatch-Waxman? Okay, so Hatch-Waxman governs most of the litigation between generic and brand drug companies. And the interesting thing about Hatch-Waxman trials is that the cases that they occur before any actual money has been made by the alleged infringer.

November 7, 2017

Expert Witness Testimony Before PTAB: Special Considerations

Excerpted from SEAK’s Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques So again, it’s all about having ownership over your report. This is the same type of report that you would submit in district court litigation where you’re limited. This is your testimony. This is it. There’s nothing more after your declaration is submitted. You