Excerpted from SEAK's Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques So that we got the three. This is the Graham Factor Steve was talking about earlier. Again, it's another one where you don't need to have the terms memorized. But it's, you know, if you hear [...]
Excerpted from SEAK's Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques So technology tutorials can be incredibly useful, as I've said before. What they do...you're educating the judge, you're educating the judge's clerks, if he's got a technology advisor, you're educating the technology advisor on the technology. [...]
Excerpted from SEAK's Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques Keep in mind. At the other place where Claim Construction comes up is going to be a patent office proceedings. And, a critical aspect of the patent office proceeding is that they construe claims differently than [...]
We'll talk a little bit more in detail, I think tomorrow about Hatch-Waxman. How many of you have heard of Hatch-Waxman? Okay, so Hatch-Waxman governs most of the litigation between generic and brand drug companies. And the interesting thing about Hatch-Waxman trials is that the cases that they occur [...]
Excerpted from SEAK's Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques So again, it's all about having ownership over your report. This is the same type of report that you would submit in district court litigation where you're limited. This is your testimony. This is it. There's [...]
Excerpted from SEAK's Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques A trial process, plaintiff goes first, gets to put on their case. They explain why the patent's infringed. Then the defendant comes up. Defendant says it's not infringed and it's invalid. Plaintiff gets to go up [...]
The sequestration of expert witnesses falls under Alabama’s Rules of Evidence, Rule 615. ALA. CODE § 6-615 (2017). This rules allows the court to exclude a witness from the courtroom as to not hear the testimony of other witnesses when a party requests or the court can order it on its own. Id. The [...]
By James J. Mangraviti, Jr., Esq. Expert witnesses who thoroughly prepare are far more likely to excel during their depositions. The benefits to diligent preparation include the following: • increased confidence and peace of mind for the expert and • increased likelihood that the expert will testify to the best of his ability. SEAK recommends several strategies [...]
By James J. Mangraviti, Jr., Esq. In many cases, a subpoena of the type that requires the production of certain items will accompany the expert witness’s notice of deposition. This type of subpoena is a subpoena duces tecum. The subpoena duces tecum is a very powerful discovery tool because it forces persons or parties who [...]
By James J. Mangraviti, Jr., Esq. It is especially important to excel during an expert witness video deposition. SEAK recommends the following: 1. Prepare with counsel and practice before a video camera to correct annoying, distracting, or unfavorable mannerisms, methods of answering questions, or nervous habits. Prepare with counsel and practice before a video camera. [...]