As part of the Practising Law Institute’s (PLI) Patent Litigation 2018: Advanced Techniques & Best Practices program on November 14/15, Partner Eric Lobenfeld will be speaking on the following topic:
Choosing the Right Expert and Demonstration of Expert Testimony
Expert witnesses play a critical role in patent litigation with respect to both liability and damages issues. Such an expert can either be independent or one of the party’s employees. The employee (typically a “non-retained” or “inside” expert) can provide valuable information on the state of the prior art or state of the market and competition, advise on the similarities or differences between the patent claims and the accused products/methods, help keep the company focused on the business issues, and help identify outside experts. This session will cover the selection and use of testifying and non-testifying experts, the use of experts at Markman hearings, the development of expert opinions, the preparation of expert reports, and the discoverability of certain communications with the expert. In addition, this session will include a demonstration of the direct and cross-examination of an expert, together with a discussion of the pretrial activities that impact the expert’s testimony including the use of evidentiary motions including Daubert motions and other motions in limine to exclude or limit expert testimony at trial.
Whether you are plaintiff’s or defendant’s counsel, you must be up to date on the current state of the law and able to quickly develop successful litigation strategies and tactics. Through this program, Outside and in-house lawyers with national reputations in patent litigation will offer guidance on trying and managing bench and jury patent trials, as well as U.S. Patent Office post-grant trial proceedings, and will furnish comprehensive coverage of every phase of these patent matters. U.S. District Court Judges will provide their insights on the conduct and management of patent litigation, in addition to sharing practical tips for litigants.
For the full program, venue and registration details please click here