The Expert Disclosure Pitfalls Of Rule 26(a)(2)

Law360, New York (May 27, 2011, 12:33 PM EDT) -- Highly compensated, professional “experts” are a fixture of modern-day patent cases. The central role these experts play in modern-day patent cases can lead to the impression that the expert-disclosure requirements of Fed. R. Civ. P. 26(a)(2) apply only to them — witnesses who will opine on ultimate issues such as infringement, invalidity and damages.

Such an impression is mistaken, however, as a close inspection of Rule 26(a)(2) and Fed. R. Evid. 701 and 702 reveals that the disclosure requirements can also apply to individuals offered to...
To view the full article, register now.