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
Read moreNovember 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
Read moreNovember 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
Read moreNovember 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
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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.
Read moreNovember 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
Read moreMarch 8, 2017
How an Expert Witness Should Prepare for Deposition
By James J. Mangraviti, Jr., Esq. Expert witnesses who thoroughly prepare are far more likely to excel during their depositions. The benefits to diligent preparation include the following: • increased confidence and peace of mind for the expert and • increased likelihood that the expert will testify to the best of his ability. SEAK recommends several strategies for adequate deposition preparation: • Hold
Read moreMarch 3, 2017
Expert Witness Subpoena Duces Tecum – Advice for Expert Witnesses
By James J. Mangraviti, Jr., Esq. In many cases, a subpoena of the type that requires the production of certain items will accompany the expert witness’s notice of deposition. This type of subpoena is a subpoena duces tecum. The subpoena duces tecum is a very powerful discovery tool because it forces persons or parties who are not parties to the
Read moreFebruary 6, 2017
How to Become an Expert Witness Who is Feared by Opposing Counsel
By James J. Mangraviti, Jr., Esq. An expert witness who is feared and respected by the opposition is known as a dangerous expert. Dangerous experts are extremely valuable to retaining counsel, are in high demand, and command premium fees. A truly dangerous expert is one that is highly resistant to cross-examination and who is able to take advantage of the
Read moreFebruary 3, 2017
How an Expert Witness Should Prepare for Cross-Examination
By James J. Mangraviti, Jr., Esq. Proper preparation is an absolute requirement to for an expert witness to excel during cross-examination. Proper preparation includes a pre-trial meeting with retaining counsel and preparation done by the expert witness on her own. During the pre-trial meeting with retaining counsel the expert should: • get a read on opposing counsel, • get a read on
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