The Expert Disclosure Pitfalls of Rule 26(a)(2)

May 27, 2011

Law360, New York (May 27, 2011) -- 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.

Do you need to disclose your witness as an 'expert'?  The answer lies not in who the witness is, but in what the witness's testimony will be. 

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Sam Walling

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