More Independent, Court-Appointed Experts?

Law360, New York (June 9, 2009, 12:00 AM EDT) -- Although district judges often appoint special masters or technical advisers to help with technical issues in patent cases, they have only rarely invoked Federal Rule of Evidence 706 ("Rule 706") and appointed independent experts to testify at trial. That may be changing.

Judge Claudia Wilken of the Northern District of California has been at the forefront of a trend toward appointing independent experts to testify in high-stakes patent cases involving complex technology and partisan experts with sharply differing views.

In March, the Federal Circuit affirmed her...
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