Cross Examination

News & Analysis as of

Motion for Observation Must Follow Guidelines

Medtronic, Inc. v. NuVasive, Inc. - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) dismissed a patent owner’s improper motions for observation, agreeing with the petitioner that the...more

No Cross-Examination of Expert at the Close of Evidence

A.C. Dispensing Equipment Inc. v. Prince Castle LLC - Addressing the appropriate timing of cross-examination of expert witnesses in an inter partes review (IPR), the U.S. Patent and Trademark Office Patent Trial and...more

Board Declines to Limit Cross Examination

In International Business Machines Corporation v. Intellectual Ventures II LLC, IPR2014-00587, Paper 27 (November 28, 2014), the Board declined to limit the scope of the patent owner’s cross-examination of petitioner’s...more

How to Use Technology for Effective Cross-Examination

A good cross-examination should come off as scripted. California Evidence Code §767(a)(2) allows for leading questions on cross-examination, and a good trial attorney should lead the witness through the narrative using only...more

Counsel May Confer with a Witness Between Cross-Examination and Re-Cross, but the Witness Might Be Re-Crossed on the Substance of...

Organik Kimya AS v. Rohm and Haas Co. - In an order regarding allowable communications between counsel and witness, the Patent Trial and Appeal Board (PTAB) held that counsel may confer with a witness between the end...more

Cross-examining the Expert Witness – Part 6

In the five earlier articles of this series, I discussed the reasons why you need to cross-examine an expert witness, the four main advantages a trial lawyer has over an expert witness, and the four stages of general...more

PTAB Permits Entry of Declaration Testimony in an IPR Without Opposing Party’s Opportunity to Cross- Exam

In a Conduct of the Proceeding Order and Decision Denying Patent Owner’s Motion for Additional Discovery, the PTAB addresses the situation of proffered declaration testimony that was not prepared for the purposes of the inter...more

Cross-examining the Expert Witness – Part 5

In the four earlier articles of this series, I discussed the reasons why you need to cross-examine an expert witness, the four main advantages a trial lawyer has over an expert witness, and the four stages of general...more

No Right to Cross-Examine a Declarant Not Under the Proponent’s Control

In Mexichem Amanco Holding S.A. de C.V. v.Honeywell International, Inc., IPR2013-00576, Paper 36 (September 5, 2014), the Board denied patent owner’s request for additional discovery – the deposition of Dr. Takashi Shibanuma,...more

Part 4 - Specific Preparation in Cross-Examining the Expert Witness

In the three earlier articles of this series, I discussed the reasons why you need to cross-examine an expert witness, the four main advantages a trial lawyer has over an expert witness, and the four stages of general...more

Cross-Examination is Not Limited to Documents Cited in Declaration

In Medtronic, Inc. v. Endotach LLC, IPR2014-00100, Paper 32 (August 28, 2014), the petioner filed a Supplemental Notice of Deposition of patent owner’s witness, indicating that its cross-examination of the witness “may rely...more

General Preparation for Cross-Examining the Defense Expert

In the first part of this article series on the topic of how to prepare for cross examination of the defense expert witness, I discussed why an attorney would cross-examine a defense expert, and the advantages that expert has...more

The Four Main Advantages of Trial Lawyer against Expert Witness

In the first part of this article series, I described the reasons that a trial attorney needs to cross-examine an expert witness. Against the expert witness defending his home territory, the trial lawyer has four main...more

How to prepare to cross-examine an expert witness

Throughout my years as a trial attorney, I have found that one of the most challenging aspects of trial is cross-examining an expert witness. I’ve written an article series describing my experience and the methods I’ve used...more

Some Observations on Observations

In Hayward Industries, Inc. v. Pentainer Water Pool and Spa, Inc., IPR2013-00285, Paper 31, IPR2013-00287, Paper 31 (July 3, 2014), the Board provided some guidance on observations on cross-examination, answering the question...more

Declaratory Testimony from File History is “Affidavit Testimony” Which Requires Deposition

Most declaration testimony in an inter partes review proceeding is newly developed as part of the IPR. On occasion, however, parties to an IPR have used previously generated declarations in support their positions. In...more

Calming a Client Before Cross

For many people—especially avid courtroom drama watchers—the anticipation of being cross-examined is terrifying. If your client is one of these people, try these calming techniques....more

Marathon Cross Examination

In Facebook Inc. v. Software Rights Archive, LLC, IPR2013-00479, Paper 28 (April 9, 2014) the patent owner asked for leave to cross-examine petitioner’s expert witness for a total of 14 hours, in view of the fact that there...more

How to effectively demonstrate during cross examination that the defense expert is a prostitute

In 2011, I changed my practice dramatically. I became a partner in a personal injury law firm. My prior legal experience consisted primarily of family law cases with some criminal law cases sprinkled in here and there. I...more

Board Explains Observations on Cross Examination

In an Order for the Conduct of the Proceedings in Atrium Medical Corp. v. Davol, Inc., [IPR2013-00189], Paper 48 (February 28, 2014), the Board advised the patent owner that each item included as an observation on...more

New Video Segments from MLMLegal.com – Cross-examination of Dr. William Keep by Travelmax Trial Counsel, Jeffrey Babener

New Video Featuring the Cross-examination of Dr. William Keep by Lead Travelmax Trial Counsel, Jeffrey Babener Although Dr. Keep was called by the State of Kentucky as an expert witness to support the State’s case on...more

On How to Cross-Examine Expert (Economist) Witnesses in an Antitrust Trial

Having recently observed the cross-examination of an expert economist at an antitrust jury trial, I thought I’d note some observations and conclusions....more

BakerHostetler Patent Watch: Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc.

An expert witness may not testify to subject matter beyond the scope of the witness's expert report unless the failure to include that information in the report was "substantially justified or harmless."...more

Children as Witnesses in a Domestic Violence Dispute

In M.J.T. v. A.V.B., the New Jersey Appellate Division overturned the trial court’s entry of a Final Restraining Order (“FRO”) against the defendant. The only witness to the alleged incident of domestic violence was the...more

Financial Expert Witnesses in Business Litigation

Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator,...more

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