Patent litigation has often been referred to as a “battle of the experts,” meaning experts often play a central role in the outcome of the case. For this reason, it’s important to select experts whose qualifications and opinions will survive scrutiny by the opposition. At the same time, it’s equally important to evaluate your opponents’ experts’ qualifications and opinions to ensure they comply with the applicable rules of civil procedure and evidence as well as local rules.
Docket Navigator can help in several ways. As we’ve seen from past Questions of the Day, Docket Navigator allows you to search for court orders involving specific legal issues (e.g., challenging the qualification of an expert, challenging the expert’s methodology, or challenging the data on which an expert’s testimony is based) by a specific judge. Conducting such a search provides insight on how your judge may rule on the admissibility of expert testimony in the future.
Today’s Question of the Day addresses the question from a slightly different perspective — that of the individual expert witness. So instead of asking how a particular judge rules on expert witness issues, it asks whether the testimony of a particular expert has been challenged in past litigation and whether any such challenges have been successful. Watch this short video to see how we answered the question using Docket Navigator.