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Patent Litigation Expert Toolkit
Practical Law Toolkit w-001-3417 (Approx. 12 pages)
Patent Litigation Expert Toolkit
by Practical Law Intellectual Property & Technology
| Maintained • USA (National/Federal) |
Resources concerning experts in patent litigation, including sample infringement, non-infringement, invalidity, and validity expert reports and declarations, deposition and trial examination outlines, and additional resources on finding, selecting, and using experts in patent cases.
Experts play a critical role in patent infringement litigation. Experts often provide important testimony concerning almost all aspects of patent litigation, including:
- Key claims and defenses, including infringement and validity.
- Claim construction.
- The state of the art of the subject matter of the patents-in-suit, including explanations of the relevant technology.
- Patent damages and other economic analyses.
This Toolkit provides several continuously maintained resources designed to help a patent owner or accused infringer's counsel use experts in a patent cases, including:
- Resources explaining how to find, select, and use experts at deposition and trial.
- Privilege and confidentiality considerations for experts.
- Expert reports addressing:
- infringement;
- non-infringement;
- invalidity;
- validity;
- ineligibility; and
- damages.
- Expert declarations supporting summary judgment motions.
- Examination outlines for depositions and trial.
- Daubert motions and motions in limine.