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...
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