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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Thursday, August 31, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will guide patent counsel on the use of experts in patent disputes in both the federal courts and at the PTAB. The panel will discuss the selection of experts and discovery issues with experts. The panel will also address the use of experts in claim construction as well as limiting or striking expert testimony. The panel will offer best practices for working with and preparing experts.

Faculty

Katherine D. Prescott
Principal
Fish & Richardson PC

Ms. Prescott’s practice focuses on patent and trade secret litigation with an emphasis on software, network and internet technologies. Ms. Prescott has experience before U.S. district courts nationwide and she has handled all aspects of litigation, including pre-suit investigations, complaint preparation, fact and expert discovery, claim construction, summary judgment hearings, mediations, trial, design around, injunction contingency planning, and appeal. Her experience also includes leading large joint defense groups, coordinating multi-jurisdictional litigation, and negotiating litigation settlements.

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Christopher M. Bruno
Partner
McDermott Will & Emery, LLP

Mr. Bruno focuses his practice on intellectual property litigation matters, primarily involving trade secrets, patents, and related contract disputes. He also has a broad base of experience, in and outside of IP, that allows him to effectively and efficiently manage litigation in other subject matters and to counsel clients on all types of IP risk. He has extensive litigation experience, including a very active critical motions and appellate practice. He has personally argued in three courts of appeal and has drafted critical motions and briefs in numerous subject areas, including employment, environmental, defamation, copyright, tax, and complex commercial litigation law.

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Description

Patent litigation often turns on a battle of expert testimony for infringement, validity, and damages. It is vital for counsel to carefully select experts and invest time in preparing them well. Patent cases are complex, and judges often lack scientific or technological expertise. Given the importance of expert testimony, it is often very detrimental if it is limited or excluded.

Patent litigants and their counsel need to establish a strategy for how to present witness testimony. Counsel must consider the benefits and risks of presenting the testimony under Rule 701 or Rule 702 or both, keeping in mind the disclosure and reliability requirements.

However, how and when a court will allow expert testimony in patent disputes is uncertain. Consequently, it is critical for counsel and litigants to have a backup plan in place to get key information admitted into evidence.

Listen as our authoritative panel of patent attorneys examines experts in patent litigation. The panel will discuss the different types of experts used in patent cases, selection of experts, and discovery issues with experts. The panel will also address the use of experts in claim construction as well as limiting or striking expert testimony. The panel will discuss using experts in the federal courts and at the PTAB. The panel will also offer best practices for working with and preparing experts.

Outline

  1. Selection of experts
  2. Interaction between experts and counsel
  3. Use of experts in claim construction
  4. Discovery of experts
  5. Limiting or striking expert testimony
  6. Admissibility of expert testimony before PTAB and the courts

Benefits

The panel will review these and other principal issues:

  • What hurdles related to discovery associated with experts will counsel face?
  • What steps should counsel take to exclude or limit an expert's testimony? Or to avoid an expert's testimony from being limited?
  • What are best practices for working with, communicating with, and preparing experts?