Posts discussing how to best manage and grow an expert witness practice.
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 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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]