Friday, June 3 2022   \  Published by Venner Shipley.

Expert Witnesses in Patent Cases – What’s Happening?

Since their appointments to the High Court bench in 2020 and 2021 respectively, Mr. Justice Meade and Mr. Justice Mellor have made a point of considering the use of expert evidence in patent cases. They have both, especially Meade J., commented on the value of expert evidence and provided guidance on this instruction of experts. Here we offer a summary of how the use of expert evidence is evolving. 

The functions and duties of experts

The main function of an expert witness in a patent case is to assist the Court. An important difference between England and other jurisdictions is that there are clear rules on the impartiality of the expert with a focus on their duty to the Court ahead of pure client interest. Read more

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