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• Court Erred in Disregarding Patent Expert ( July 2007 )
  Robert J Ambrogi of

  The Federal Circuit Court of Appeals ruled June 18th that a federal court in a patent dispute was wrong to disregard expert testimony and grant summary judgment upholding two patents. The expert's testimony, which concerned the obviousness of the patented technology, raised a sufficient factual dispute to require a trial as to the validity of the patents, the court said.

• 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.

• A Golden Rule for Hiring an Expert ( April 2007 )
  Robert J Ambrogi of

  When hiring an expert, the most important quality to look for is someone who presents well, litigator Christopher A. Riley believes. Assess how he speaks, how he appears, and his degree of comfort with himself and his area of expertise.

• Ethics Ruling OK's Lawyer as Expert ( May 2007 )
  Robert J Ambrogi of

  When a lawyer testifies as an expert witness on a party's behalf, is an attorney-client relationship created? A new ethics ruling says no, thereby freeing the lawyer to take on a new matter related to a client at her former firm.

• 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.

• In an Expert, Knowledge May Not Equal Power ( May 2007 )
  Robert J Ambrogi of

  Just because an expert strikes you as the brightest guy on the planet, that doesn't mean he is the best witness for your case, says Roderick B. Williams, an intellectual property partner with Vinson & Elkins in Austin, Texas.

• In an Expert, Passion Equals Credibility ( March 2007 )
  Robert J Ambrogi of

  Credibility is a key attribute in an expert witness, every trial lawyer would agree. But how do you gauge a potential expert's credibility? What attributes provide the best predictors of how the expert will measure up in the eyes of a jury?

• An Expert's Escapade, a Cautionary Tale ( March 2007 )
  Robert J Ambrogi of

  Call it the case of the Renegade Expert. A federal judge's 78-page order enjoining an expert involved in Zyprexa mass-tort litigation from releasing documents serves as a cautionary tale for any lawyer operating under a judicial gag order.

• Before Hiring an Expert, Do Your Homework ( February 2007 )
  Robert J Ambrogi of

  Ask Jenner & Block partner Howard S. Suskin to sum up his advice on selecting an expert and he answers without hesitation: “Do your homework." "You want to get as much information as you can to satisfy yourself that the person you’re thinking about using has the competency and credibility to serve as an expert witness,” Suskin says.

• Expert Proves Key to Lifting Injunction ( January 2007 )
  Robert J Ambrogi of

  Expert opinion proved to be the key to vacating a preliminary injunction in a design-patent case recently decided by the Federal Circuit Court of Appeals. The expert's affidavit raised a substantial question as to the validity of the patents, the Federal Circuit found, ruling that the district court erred in finding that plaintiff was likely to succeed on the merits of the case and in issuing the injunction.