Experts in Patent Litigation: Use of Experts During Litigation and Expert Discovery

Summary

The proper use and presentation of experts in patent litigation is crucial, as expert testimony is often the only way to establish patent infringement, invalidity, and damages. This practice note addresses the key issues to consider when using experts during the various stages of patent litigation, including pre-litigation investigation and pleadings, fact discovery, claim construction, and dispositive motions. The note also discusses best practices for expert discovery (including expert reports and depositions), the admissibility and presentation of expert testimony at trial, and managing experts during the litigation.