Expert Witness Blog

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

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

November 7, 2017

Why a Patent Expert Witness May Be at Trial For an Extended Period of Time

Excerpted from SEAK’s Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques A trial process, plaintiff goes first, gets to put on their case. They explain why the patent’s infringed. Then the defendant comes up. Defendant says it’s not infringed and it’s invalid. Plaintiff gets to go up again and say the patent is valid, kind

November 7, 2017

Expert Witness Sample Jury Instructions in Utah

Jury instructions regarding expert witnesses are outlined in Model Utah Jury Instructions, Rule 121. Model Utah Jury Instr. 121 (2014). This rule instructs the jury on the factors that should be considered when the jury evaluates a witness’s testimony. Id. The jury is allowed to believe or disregard an expert’s testimony given the credibility factors outlined in the rule. Id.

November 6, 2017

Expert Witness Sample Jury Instructions in Texas

General jury instructions in Texas are outlined in Texas’s Rules of Civil Procedure, Rule 226a Instructions to Jury Panel and Jury. TEX. CIV. PRAC. & REM. CODE ANN. §10 (West 2017). These rules provide an overview of what the court should tell the jury regarding the evidence that is presented during trial. Id. There are not specific instructions relating to

November 5, 2017

Expert Witness Sample Jury Instructions in Tennessee

Jury instructions regarding expert witnesses in Tennessee are outlined in Tennessee’s Civil Pattern Jury Instructions, Rule 2.30. TENN. PRACTICE PATTERN JURY INSTR. CIVIL 2.30 (2017). This rule instructs the jury that expert witnesses are able to testify as to their opinions regarding the matter at hand. Id. The rule also provides that the jury has the authority to determine how