Expert Witness

News & Analysis as of

Judge Forrest authorizes depositions of declarants to support defendant’s motion for summary judgment

Following defendant Monster’s filing of a motion for summary judgment, the patentee provided declarations by two expert witnesses in opposition. Monster noticed depositions of these experts, but the patentee moved for a...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

5 Rules to Minimize Expert Contamination

Attorneys risk expert contamination when they provide information to an expert about a case. Although you need to discuss the case candidly and openly with your expert, you don’t want to contaminate the expert with...more

Court Excludes Plaintiff's Experts Where Experts Failed to Comply with Rule 26 Disclosures

In this patent infringement action, the defendants, Hangzhou Langhong Technology Co., Ltd. and Langhong Technology USA Inc., moved to exclude the testimony of plaintiff's experts on infringement and damages. The district...more

Judge Crotty denies attorney and expert fees

In a matter related to Case no. 1:13–cv-01358–PAC, Abbvie requested attorney and expert fees following the court’s determination that U.S. Patent No. 7,846,442 (“Methods of treating rheumatoid arthritis with an anti-TNF-alpha...more

Defeating Indefiniteness Challenge with Petitioner’s Witness

In eBay Inc. v. Lockwood, CBM2014-00025, Paper 34, CBM2014-00026, Paper 35 (August 12, 2014) the Board denied eBay’s motion to expunge the declaration of its expert, directed to unpatenability of the prior art, which eBay...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

Public Adjusters Do Not Have Free Pass To The Stand

In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not...more

Ninth Circuit Water Loss Case Provides Guidance on Bad Faith Standard for “Genuine Dispute”

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the 9th Circuit, relying on California law, upheld a grant of summary judgment dismissing...more

Water Loss Case Gives Rise to Dispute Over Bad Faith Standard For ‘Genuine Dispute’ and Admissibility of Expert Evidence

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing...more

Western District of Texas: An Expert Must Base a Determination of Bad Faith on the Facts Available to the Insurer When it Acted

Falcon v. State Farm Lloyds, No. 1:12-CV-491-DAE, 2014 WL 2711849 (W.D. Tex. June 16, 2014) - The Western District of Texas finds that a policyholder’s expert witness is not qualified to opine when he does not...more

Evidence – Expert Witness Testimony – Grounds for Exclusion

City of Pomona v. SQM North America Corporation - Court Of Appeals, Ninth Circuit Nos. 12-55147, 12-55193 (May 2, 2014) - Under Federal Rule of Evidence (“FRE”) 702, expert witness testimony must meet certain...more

Are Two (or More) Experts Better Than One?

Should you hire multiple experts on the same topic? There are some very good reasons to use this strategy. If the case justifies the expense, retaining multiple consultants in the same field has a variety of advantages....more

Golden Bridge v. Apple: No Third Bite at the Apple as Damage Expert Excluded After Two Failed Reports and Where Trial Was Already...

Two weeks earlier, the court excluded the expert opinion and testimony of Plaintiff Golden Bridge Technology's ("GBT") damages expert. Nonetheless, the court gave GBT one week to submit a new report based on a new theory....more

Invalidity Expert Excluded Where Expert Failed to Conduct a Proper Written Description Analysis

Plaintiff Trading Technologies International, Inc. ("TT") moved to strike the invalidity expert report of the defendant, CQG. TT made two arguments its motion: " that Dr. Mellor failed to conduct a proper written description...more

Prohibiting Discovery of Attorney-Expert Communications

Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a...more

Credibility Challenges Posed by the Eccentric Inventor Witness

Eccentric inventors can be their own worst enemies at depositions and on the witness stand at trial. General Electric Co. v. Wilkins (Fed. Cir., May 8, 2014) is a recent case on point. The General Electric case involved a...more

Plaintiff Precluded from Using Deposition Testimony of Defense Expert Where Plaintiff Procured the Absence of the Expert

Novartis sought to use the deposition testimony of defendant's expert at trial under Fed.R.Civ.P. 32(a)(4)(B). As explained by the district court, "the Rule provides that a party may use the deposition of a witness for any...more

Pennsylvania Supreme Court Affirms Superior Court Decision Protecting Attorney-Expert Communications From Discovery

On April 29, an evenly divided Pennsylvania Supreme Court resolved an issue of paramount importance to Pennsylvania litigants: whether communications between an attorney and a testifying expert are protected from discovery by...more

Attorney Means “Attorney” – Lessons for Subrogation Professions From Recent Federal Court Decisions Clarifying the Disclosure...

The Amendments to Rule 26 - In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more

Compelling Testimony

In GEA Process Engineering, Inc. v. Steuben Foods, Inc., (IPR2014-00041), Paper 22 (IPR2014-00043), Paper 23, (IPR2014-00051), Paper 21 (IPR2014-00054), Paper 18 (IPR2014-00055), Paper 14 (April 15, 2014), the patent owner...more

Toxic Tort and Environmental Litigation: Court of Appeals Revisits and Clarifies Causation Requirements for Expert Opinions

Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...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

Infringement Expert Excluded Where Expert Did Nothing More Than Parrot Claim Language in Infringement Analysis

Plantronics, Inc. ("Plantronics") filed a patent infringement action against ALIPH, Inc. ("ALIPH"). After expert reports were submitted, ALIPH moved to exclude the expert report of Plantronics' infringement expert. At...more

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