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• CAFC: Infringement Not Proven in Marketing Materials ( July 2007 )
  Robert J Ambrogi of

  Expert testimony based largely on the opponents' marketing and advertising materials provided no proof of infringement of stem-cell patents and should have been excluded from trial, a divided three-judge panel of the Federal Circuit Court of Appeals ruled June 9th. The stem-cell biologist's testimony – which consisted almost entirely of quotations from the defendants' promotional and investment materials – was neither appropriate for an expert, nor helpful to the jury, the court concluded in affirming the trial court's post-trial order striking the testimony.

• No Rule 26 Right to Daubert Costs ( June 2007 )
  Robert J Ambrogi of

  A federal discovery rule requiring an opposing party to pay expert-related fees and expenses does not apply to pretrial Daubert hearings, the 5th U.S. Circuit Court of Appeals has ruled. Although Fed. R. Civ. P. 26(b)(4)(C) allows a party to recover discovery costs relating to expert witnesses, the rule does not extend to the $64,000 in expenses these plaintiffs incurred in securing their expert's testimony at the Daubert hearing, the court said.

• Failure to Prepare Report Ruled 'Harmless' ( May 2007 )
  Robert J Ambrogi of

  In what appears to be a case of first impression, the 7th U.S. Circuit Court of Appeals has ruled that two experts were not barred from testifying by their failure to prepare or sign their own reports, as required by the Federal Rules of Civil Procedure.

• Patent Ruling Turns an ‘About’ Face ( February 2007 )
  Robert J Ambrogi of

  What is the meaning of the word about when used in a patent? The Federal Circuit Court of Appeals confronted that elusive question in a recent dispute between two pharmaceutical manufacturers and expert testimony proved important in finding the answer.

• Trade Secrets Experts: Two Circuits, Two Outcomes ( February 2007 )
  Robert J Ambrogi of

  Two recent rulings from federal circuit courts reviewing expert testimony in trade secrets cases reached very different results, with one circuit upholding admission of the testimony and the other finding that the testimony was sufficiently harmful to require a new trial. Taken together, the two cases shed light on the allowable boundaries for expert testimony in trade secrets litigation.

• 'Gatekeeper' Review Must Be More Than Cursory ( May 2006 )
  Robert J Ambrogi of

  A federal judge's one-sentence conclusion that a witness qualified to testify as an expert was not enough to show that he had correctly exercised his "gatekeeper" function under Daubert, the 7th U.S. Circuit Court of Appeals decided.

• My Kingdom for an Expert! ( February 2005 )
  Michael B. Lee of Beirne, Maynard & Parsons, L.L.P.

  Today, more than at any other time in the history of our profession, many cases are won or lost on the testimony of the expert witness. So, exactly what does an "expert" look like, and how do you find the right one? By definition, an expert is a person with specialized knowledge, skill, experience, training, or education which qualifies that person to form helpful opinions for a party in anticipation for litigation or preparation for trial.

• The Top Five Mistakes Expert Witnesses Make ( July 2005 )
  Michael B. Lee of Beirne, Maynard & Parsons, L.L.P.

  An expert is a person with specialized knowledge, skill, experience, training, or education which qualifies that person to form helpful opinions for a party in anticipation for litigation or preparation for trial. The court must find, however, in addition to the expert's qualifications, that the opinion evidence will be relevant to the issues in the case, that it is reliable, and that it will be helpful to the trier of fact.

• Recent Changes in the Admissibility of Biomechanical Expert Testimony in Delaware ( July 2004 )
  Somers S. (Chip) Price of Potter Anderson & Corroon LLP

  Delaware's Supreme Court recently decided a trio of cases concerning the admissibility of biomechanical expert testimony. Biomechanics is the study of &#quot;the mechanical bases of biological, especially muscular, activity; also: the study of the principles and relations involved.&#quot;

• Case Management And Expert Disqualification -- Two Important Delaware Patent Decisions ( July 2004 )
  Richard L. Horwitz and David E. Moore of Potter Anderson & Corroon LLP

  In Commissariat A L'Energie Atomique v. Dell Computer Corp., et al., C. A. Nos. 03-484-KAJ, 03-857-KAJ, 03-931-KAJ, 03-1036-KAJ, 04-099-KAJ (D. Del. May 13, 2004), Judge Jordan addressed the thorny issue of how to weigh the parties' rights, and practical concerns, in the context of numerous motions to consolidate cases and motions to stay as to certain parties, in five cases brought by the same plaintiff (&#quot;CEA&#quot;) against more than sixty defendants.