Expert Testimony, Disclosure

To Depose or Not to Depose: When Challenging Opposing Nonretained Experts Becomes Challenging

Faegre Drinker Biddle & Reath LLP on 12/16/2024

Federal Rule of Civil Procedure 26(a)(2) requires parties to disclose the opinions of experts who may present evidence at trial. If the disclosures are inadequate, Rule 37(c) requires exclusion of the opinions “unless the...more

Late Expert Report Dooms Copyright Case

McDermott Will & Emery on 4/19/2024

The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or...more

Court Finds Ship Has Sailed for Seaman to Disclose Expert’s Opinions, Resulting in Summary Judgment

Faegre Drinker Biddle & Reath LLP on 5/18/2023

Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more

Judge Andrews Grants Defendant’s Motion To Strike Plaintiff’s Untimely Disclosed Theories Of Patent Infringement In Opening Expert...

Fox Rothschild LLP on 2/22/2021

By Memorandum entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. February 19, 2021), the Court granted Defendant’s motion to strike barring...more

Equivalent Disclosure Used to Satisfy Written Description Requirement

McDermott Will & Emery on 10/3/2019

Invoking a newly minted equivalent disclosure doctrine, a panel of the US Court of Appeals for the Federal Circuit found that the written description requirement of § 112 was satisfied in the interest of arriving at a...more

Expert Witness Research Tips - DRI: Raising the Bar

Bradley Arant Boult Cummings LLP on 11/14/2018

When it comes to expert witnesses, young lawyers can add tremendous value to their team through research into the background of both their own and the opposing party’s experts. This research should be done as early as...more