Choosing The Right Expert Can Make All The Difference

Law360, New York (August 20, 2010, 1:12 PM EDT) -- In virtually every patent litigation, a key task for the trial lawyer is identifying, recruiting and retaining expert witnesses.

Counsel for the alleged infringer may well retain one or more experts to explain that the accused product or method does not infringe, that the patent-in-suit was anticipated by or obvious in view of the prior art, that the patent claims failed to satisfy the written description or enablement requirements of 11 U.S.C. Section 112 and that damages, if any, should be minimal.

The patent owner may...
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