Outside Counsel

Hitting It Out of the Park With an Expert Witness in a Patent Case

, New York Law Journal


Michael N. Rader and Jason W. Balich write that while fact witnesses lay foundation, establish case themes, and can generate sympathy for one side or the other, it is usually the experts who give the jurors the raw material they need to reach an ultimate decision on liability and damages. The credibility and thoroughness of an expert's testimony can thus have a significant impact on the outcome of a patent case that makes it to trial. A few best practices can help parties find the right experts and prepare them to deliver a standout performance.

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