transcript   Transcript

Choosing the Right Expert and Demonstration of Expert Testimony

Recorded on: Nov. 20, 2018
Running Time: 00:58:10

Full Transcript:

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Taken from the Web Program Patent Litigation 2018: Advanced Techniques & Best Practices Recorded November 2018 in New York

Choosing the Right Expert and Demonstration of Expert Testimony [00:58:10]

Expert witnesses play a critical role in patent litigation with respect to both liability and damages issues.  Such an expert can either be independent or could be one of the party’s employees.  The employee (typically a “non-retained” or “inside” expert) can provide valuable information on the state of the prior art or state of the market and competition, advise on the similarities or differences between the patent claims and the accused products/methods, help keep the company focused on the business issues, and help identify outside experts.  This session will cover the selection and use of testifying and non-testifying experts, the use of experts at Markman hearings, the development of expert opinions, the preparation of expert reports, and the discoverability of certain communications with the expert.  In addition, this session will include a demonstration of the direct and cross-examination of an expert, together with a discussion of the pretrial activities that impact the expert’s testimony including the use of evidentiary motions including Daubert motions and other motions in limine to exclude or limit expert testimony at trial.

Anna Kurian Shaw, Eric J. Lobenfeld, Michael K. Milani

The purchase price of this Web Program segment includes the following article from the Course Handbook available online:
  • Dealing with Experts in Patent Litigation (2018)
    Eric J. Lobenfeld
Presentation Material
  • Dealing With Experts in Patent Litigation 2018
    Anna Kurian Shaw, Eric J. Lobenfeld
  • Mock Testimony - Case Overview
    Anna Kurian Shaw, Eric J. Lobenfeld, Michael K. Milani
  • Mock Testimony – Direct Demonstratives
    Eric J. Lobenfeld, Michael K. Milani
  • Mock Testimony – Cross Demonstratives
    Anna Kurian Shaw, Michael K. Milani
  • (s)
    Anna Kurian Shaw ~ Hogan Lovells US LLP
    Eric J. Lobenfeld ~ Hogan Lovells US LLP
    Michael K. Milani ~ Managing Director, Ocean Tomo
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