Expert evidence plays a critical role in patent litigation, and can literally make or break a case. That's why it is important for counsel to properly identify, select, and prepare expert witnesses in order to put the party's best case forward. This process is often time-consuming and challenging because, to be effective, an expert witness must be able to offer his or her opinions in an independent and objective manner that will assist the court.
In the article "Process for Choosing and Vetting an Expert Witness in Patent Cases", authors Gunars Gaikis, Andrew Mandlsohn, and Shirley Liang Komosa provide a summary on how to effectively select and vet potential expert witnesses. In particular, they highlight a number of considerations at each stage, including the initial search, background checks, interviews, and the final selection, to assist counsel in selecting the most effective expert witnesses.
To learn more about how to choose and vet an expert witness in patent cases, Click Here to read the complete article which appeared in Vol. 32, no. 1 of the Canadian Intellectual Property Review.
For more information, please contact a member of our firm's Litigation Group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.