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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Jury instructions in South Dakota regarding expert witnesses are not as readily outlined as those of other states. Instead, case law is more revealing of the relevant instructions to a jury regarding expert witness testimony. To begin, the reason for allowing experts to testify is to help the jury understand the case and not [...]
Jury instructions regarding expert witnesses in South Carolina are outlined in Anderson’s South Carolina Requests to Charge, Civil § 1-6. ANDERSON’S S.C. REQUESTS TO CHARGE, CIVIL § 1-6 (2016). This rule instructs the jury on the differences between expert testimony and other witness testimony, mainly that given the expert’s expertise and experience it is [...]
Jury instructions regarding expert witnesses in New Hampshire are outlined in New Hampshire’s Jury Instructions Civil § 105.3. R.I. Jury Instr. Civil § 105.3 (2002). This rule explains to the jury that expert witnesses are permitted to testify as to their opinions on the case at hand because they have special “education or experience” [...]
Jury instructions regarding expert witness testimony are outlined in Pennsylvania’s Suggested Standard Civil Jury Instructions. PA. SSJI (Civ), §4.100, §4.80 (2013). This rule provides that the jury is not required to accept an expert’s testimony simply because the witness is an expert. Id. The rule instructs the jury to consider a variety of factors [...]