IMS ExpertServices

Is expert evidence required to prove a reasonable royalty damages award? A New Jersey federal court delivered a cautionary ruling for the patent infringement practitioner, perhaps underscoring the following: Although expert…more

This week we bring you two fresh district court rulings involving experts who survived “gatekeeping” admissibility challenges under Federal Rule of Evidence 702 and Daubert. The rulings serve as a reminder that FRE 702 can…more

When, if ever, is initial expert consulting work performed by assistants to a testifying expert in danger of being subject to discovery by an opposing party? Wait – you say – the Federal Rules of Civil Procedure protect…more

OK, this time we thought for sure the Supreme Court would give us a decisive ruling on the extent to which a trial court must vet an expert witness under the Daubert standard prior to certification of a class action…more

The U.S. District Court for the District of Delaware recently addressed a costly expert issue involving damages in a patent infringement case: Whether expert testimony which relies solely on a prior settlement agreement as a…more

In a sharply divided opinion issued February 27th, the U.S. Supreme Court did something a little unusual as of late – it gave the green light to plaintiffs seeking class certification in a securities-fraud class action. In its…more

Will the USPTO’s Patent and Trial Appeal Board (PTAB) become a major patent reform player, improving administrative efficiencies, streamlining the patent process, and creating cost effective litigation alternatives as it was…more

We all know the cost of retaining an expert can be pricey. But does the price tag affect vindication of individual rights under a federal statue and impact court access? Should the cost of expert witness fees play a role in…more

You would expect a challenge to an expert witness to be made before trial, before the expert has the opportunity to testify. In an unusual case out of a federal court in Florida, however, the challenge came after the jury had…more

Think successfully excluding your opposing party’s expert on a Daubert challenge equals a slam dunk on summary judgment and dismissal of the opposing party’s case? Not so fast. While many have concluded that prevailing on a…more

Has the importance of the patent system on the U.S. economy propelled the Federal Circuit to be, de facto, the most powerful court of the land? The Federal Circuit, with its fifteen learned judges, by virtue of the fact that…more

Think the eyes are windows to the soul? If so, you may want to reconsider that notion, as a recently released scientific study challenges commonly held beliefs and intuition regarding the importance of facial expression in…more

Talk about things that can ruin a perfectly enjoyable weekend, try this one on for size: You’re wrapping up your weekend and just turning in for the evening when you hear the familiar ping of a new email notification, signaling…more

There was a major ground shift in California recently – and we’re talking not about an earthquake, but about the law governing the admission of expert testimony. In a unanimous opinion published Nov. 26, the California…more

No Daubert Hearing Equals $10 Million Error in 9th Circuit The U.S. Supreme Court isn’t the only judicial panel to wrestle with difficult Daubert questions lately. While the Supreme Court ponders the potential fate of…more