In This Issue:

- Introduction

- Selecting the Right Expert(s)

..The Testifying Expert

..Non-Testifying “Supporting” Experts

- Fed. R. Civ. 26 Rules Governing Interactions Between Counsel and Experts

..Testimony From “Non-Experts”

..Cases Interpreting Rule 26(a)(2)(B) & (C)

..The Evolution of Expert Discovery

..Cases Interpreting Discoverability Under Rule 26(b)

- Use of Experts in Claim Construction

- Tools for Limiting or Striking Expert Testimony

..The Federal Circuit’s Recent Precedent Suggests Additional Avenues for Excluding Expert Opinion

..How and When to Move to Strike or Limit Expert Testimony

..Discrete motion to strike or limit testimony

..Motion brought as part of summary judgment

..Motion brought in limine immediately prior to trial or during trial

..A Motion to Strike or Limit Expert Testimony Must Be Evaluated in Light of Overall Trial Strategy

- Potential Safety Valve

- Conclusion

- Excerpt from Selecting the Right Expert(s):

There are essentially three types of experts used in patent infringement litigation: (1) testifying experts; (2) non-testifying experts, whose work/opinions will be relied upon by a testifying expert; and (3) non-testifying/consulting experts. While the first two points below apply to all types of experts to varying degrees, this section focuses on the testifying expert.