Expert Witness Blog

Testimony

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

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

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

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

August 26, 2017

Errata Sheet Rules for Depositions in Wyoming

Errata Sheets in Wyoming are governed statutorily by the Wyoming Rules of Civil Procedure, Rule 30(e). WYO. STAT. ANN. § 5-30 (West 2017). This rule requires that if either the deponent or one of the parties requests before the completion of the deposition, the transcript should be submitted to the deponent to review. Id. The deponent will have 30 days

August 25, 2017

Errata Sheet Rules for Depositions in West Virginia

Errata Sheets in West Virginia are governed statutorily by West Virginia’s Rules of Civil Procedure, Rule 30(e). W. Va. Code Ann. § 5-30(e) (West 2017) This rule requires the deposition transcript to be submitted to the witness if either the witness or one of the parties so requests before the deposition is completed. Id. If the request is made, the

August 24, 2017

Errata Sheet Rules for Depositions in Washington, D.C.

Errata Sheets in Washington, D.C. are governed statutorily by the Superior Court Rules of Civil Procedure, Rule 30(e). D.C. CODE ANN. § 5-30 (West 2017). This rule requires that if requested by a party or the deponent before the completion of the deposition, the deponent must be given the opportunity to review the transcript. Id. If the request is made,

August 24, 2017

Law and Rules Regarding Expert Witness Sequestration in Mississippi

The sequestration of expert witnesses falls under Mississippi’s Rules of Evidence, Rule 615. Miss. Code Ann. § 6-615 (West 2017). This rule requires the court to exclude witnesses from the courtroom as to not hear testimony of other witnesses when requested by a party or by the court on its own order. Id. The rule has three exceptions of individuals

August 23, 2017

Errata Sheet Rules for Depositions in Vermont

Errata Sheets in Vermont are governed statutorily by Vermont’s Rules of Civil Procedure, Rule 30(e). VT. STAT. ANN. CT. RULES § 30 (West 2017). This rule requires the deponent be given the opportunity to examine and read the transcript once it is complete unless the witness and parties mutually agree to waive the reading and examination. Id. The deponent can