Experts in Patent Disputes: Selection, Discovery, Use in Claim Construction, Limiting or Striking Expert Testimony
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide patent counsel on the use of experts in patent disputes in both the federal courts and at the PTAB. The panel will discuss the selection of experts and discovery issues with experts. The panel will also address the use of experts in claim construction as well as limiting or striking expert testimony. The panel will offer best practices for working with and preparing experts.
Outline
- Selection of experts
- Interaction between experts and counsel
- Use of experts in claim construction
- Discovery of experts
- Limiting or striking expert testimony
- Admissibility of expert testimony before PTAB and the courts
Benefits
The panel will review these and other principal issues:
- What hurdles related to discovery associated with experts will counsel face?
- What steps should counsel take to exclude or limit an expert's testimony? Or to avoid an expert's testimony from being limited?
- What are best practices for working with, communicating with, and preparing experts?
Faculty
Christopher Bruno
Partner
Upadhye Tang
Mr. Bruno is a seasoned patent litigator with 15+ years of experience representing branded, biosimilar, and... | Read More
Mr. Bruno is a seasoned patent litigator with 15+ years of experience representing branded, biosimilar, and generic pharmaceutical companies in high-stakes disputes. Known for his courtroom command and strategic creativity, he has guided clients to victory at every level, from bench trials and IPRs to the Federal Circuit and U.S. Supreme Court. Mr. Bruno has co-first-chaired a Hatch-Waxman trial, direct- and cross-examined inventors and expert witnesses, and championed impactful case strategies through discovery in many pharmaceutical cases, including matters involving antibiotics, oncology drugs, sleep aids, ocular drops, topical treatments, and biologics. He was among the first to litigate under the Biologics Price Competition and Innovation Act (BPCIA). Mr. Bruno’s litigation experience and success spans the full range of forums, including district courts, the ITC, the PTAB, the Federal Circuit, and the Supreme Court. Known for sharp deposition skills and creative procedural tactics, he often finds unconventional paths to favorable outcomes, including through early dispositive motions and tailored discovery strategies. Mr. Bruno serves as a thought leader in numerous capacities in the intellectual property community.
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Katherine D. (Katie) Prescott
Principal
Fish & Richardson
Ms. Prescott’s practice focuses on patent and trade secret litigation with an emphasis on software, network and... | Read More
Ms. Prescott’s practice focuses on patent and trade secret litigation with an emphasis on software, network and internet technologies. Ms. Prescott has experience before U.S. district courts nationwide and she has handled all aspects of litigation, including pre-suit investigations, complaint preparation, fact and expert discovery, claim construction, summary judgment hearings, mediations, trial, design around, injunction contingency planning, and appeal. Her experience also includes leading large joint defense groups, coordinating multi-jurisdictional litigation, and negotiating litigation settlements.
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