2007 BullsEye Expert Witness Newsletter Articles

2007 BullsEye Articles
For Ronald Katz, Patent Litigation Pays Billions Ronald A. Katz once predicted that he would someday become the wealthiest patent holder ever. By most estimates, he has achieved that goal – or will soon.	12-07
Daubert Ruling Could Severely Curtail Celebrex Cases A federal judge's decision to exclude expert testimony may force hundreds of plaintiffs to drop their claims against Pfizer Inc. that the anti-inflammatory drug Celebrex caused them to suffer heart attacks or strokes.	12-07
Patent Malpractice Belongs in Federal Court Malpractice claims against patent lawyers must be brought in federal court, the U.S. Court of Appeals for the Federal Circuit has ruled in two conpanion cases of first impression.	11-07
The $70B Mortgage Meltdown: What it Means for Lawyers On Nov. 9, 2007, IMS ExpertServices™ hosted a panel discussion focusing on the legal and litigation issues arising out of of the subprime mortgage meltdown.	11-07
Most Daubert Motions Require Hearings, Court Rules Courts must provide litigants with an opportunity to be heard before ruling on the admissibility of expert testimony – and in all but exceptional cases that requires courts to hold hearings with full briefing and argument, the Supreme Court of Mississippi ruled in an en banc opinion issued October 4th.	10-07
Do Dueling Experts Preclude Summary Judgment? It is a common litigation scenario: One side's expert says one thing while the other side's says just the opposite.	10-07
Supreme Court to Reshape Landscape of Patent Law It is déjà vu all over again, as the Supreme Court once again has agreed to review a controversial patent ruling of the Federal Circuit Court of Appeals.	10-07
Assessing the Impact of Seagate A panel of lawyers convened by teleconference on Sept. 6, 2007, for a discussion of the significance and impact of the August 20th en banc decision of the Federal Circuit Court of Appeals, In re Seagate Technology.	9-07
Ruling Endangers Expert Confidentiality A federal court in California has ordered an expert witness in a patent case to be deposed about a non-party's trade secrets; secrets the expert learned while consulting for the company in an earlier case and agreed not to disclose.	9-07
Judge Overturns Record $1.5 Billion Patent Verdict Expert testimony proved to be the linchpin in a federal judge's Aug. 6th decision to set aside the largest-ever damages award in a U.S. patent case.	8-07
CAFC: Infringement Not Proven in Marketing Materials Expert testimony based largely on the opponents' marketing and advertising materials provided no proof of infringement of stem-cell patents and should have been excluded from trial, a divided three-judge panel of the Federal Circuit Court of Appeals ruled June 9th.	7-07
Guide to Current Patent Reform Legislation Legislation that would dramatically overhaul U.S. patent law appears to be on a fast track in Congress, with Senators Patrick Leahy (D-Vermont) and Orrin Hatch (R-Utah) leading the charge.	7-07
Court Erred in Disregarding Patent Expert The Federal Circuit Court of Appeals ruled June 18th that a federal court in a patent dispute was wrong to disregard expert testimony and grant summary judgment upholding two patents.	7-07
IMS Launches Case Study Search Function A tool that enables lawyers to search a database of case studies and related expert descriptions was launched this month by IMS ExpertServices as part of its expanding website devoted to the retention and use of expert witnesses.	7-07
How to Vet an Expert Experts, sad to say, are not always honest about their credentials, as several recent news items confirm.	6-07
No Rule 26 Right to Daubert Costs A federal discovery rule requiring an opposing party to pay expert-related fees and expenses does not apply to pretrial Daubert hearings, the 5th U.S. Circuit Court of Appeals has ruled.	6-07
Ethics Ruling OK's Lawyer as Expert When a lawyer testifies as an expert witness on a party's behalf, is an attorney-client relationship created?	5-07
Failure to Prepare Report Ruled 'Harmless' In what appears to be a case of first impression, the 7th U.S. Circuit Court of Appeals has ruled that two experts were not barred from testifying by their failure to prepare or sign their own reports, as required by the Federal Rules of Civil Procedure.	5-07
In an Expert, Knowledge May Not Equal Power Just because an expert strikes you as the brightest guy on the planet, that doesn't mean he is the best witness for your case, says Roderick B. Williams, an intellectual property partner with Vinson & Elkins in Austin, Texas.	5-07
Law Firm Ordered To Pay Expert $11M A prominent lawyer’s suit against an expert witness backfired, when the expert won an $11 million verdict against his firm for malicious prosecution.	4-07
A Golden Rule for Hiring an Expert When hiring an expert, the most important quality to look for is someone who presents well, litigator Christopher A. Riley believes.	4-07
Defendant's Experts Help Make Plaintiff's Case Expert witness opinion of patent infringement, offered by a patent owner during licensing negotiations, proved to be key evidence in establishing an "actual controversy" sufficient to allow the alleged infringer to bring a declaratory judgment action in federal court, the Federal Circuit Court of Appeals said in a March 26 opinion.	4-07
Supreme Court Limits Antitrust Suits In a victory for major U.S. companies, a unanimous Supreme Court has set a strict standard of proof for cases alleging predatory bidding in violation of federal antitrust law.	3-07
An Expert's Escapade, a Cautionary Tale Call it the case of the renegade expert. A federal judge's 78-page order enjoining an expert involved in Zyprexa mass-tort litigation from releasing documents serves as a cautionary tale for any lawyer operating under a judicial gag order.	3-07
In an Expert, Passion Equals Credibility Credibility is a key attribute in an expert witness, every trial lawyer would agree. But how do you gauge a potential expert's credibility?	3-07
Trade Secrets Experts: Two Circuits, Two Outcomes Two recent rulings from federal circuit courts reviewing expert testimony in trade secrets cases reached very different results, with one circuit upholding admission of the testimony and the other finding that the testimony was sufficiently harmful to require a new trial.	2-07
Patent Ruling Turns an 'About' Face What is the meaning of the word about when used in a patent? The Federal Circuit Court of Appeals confronted that elusive question in a recent dispute between two pharmaceutical manufacturers and expert testimony proved important in finding the answer.	2-07
Before Hiring an Expert, Do Your Homework Ask Jenner & Block partner Howard S. Suskin to sum up his advice on selecting an expert and he answers without hesitation: “Do your homework.”	2-07
Expert Proves Key to Lifting Injunction Expert opinion proved to be the key to vacating a preliminary injunction in a design-patent case recently decided by the Federal Circuit Court of Appeals.	1-07
Never Ask Your Client for an Expert When IP lawyer John P. Hutchins needs a referral to an expert witness, there is one source he always avoids – clients – and another he solicits only warily – law partners.	1-07

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