We at SEAK are often asked by new experts should I get some expert witness training before accepting cases. The short answer is yes. As an expert witness you will be expected by counsel who is retaining you to be conversant and familiar with many aspects of expert witness practice. Technically, anyone can usually be [...]
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 [...]
The state of Arkansas follows the Daubert test for the admissibility of expert witness testimony. Farm Bureau Mut. Ins. Co. of Arkansas, Inc. v. Foote, 14 S.W.3d 512 (Ark. 2000). Under this rule, the court’s main inquiry is whether “the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or [...]
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 [...]
Excerpted from SEAK's DVD and 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 [...]
Excerpted from SEAK's DVD and 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, [...]
Excerpted from SEAK's DVD and 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 [...]
Excerpted from SEAK's DVD and 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 [...]
Excerpted from SEAK's DVD and 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 [...]