Bearing Witness: Court-Appointed Experts in Patent Cases

Foley Senior Counsel Mary Calkins and Associate Debra Lange co-authored an article that appeared on Patent Management & Strategy on February 16, 2010 titled “Bearing Witness: Court-Appointed Experts in Patent Cases.” The authors discuss the use of testifying court-appointed technical experts in patent cases, stating that the use of such experts raises concerns about undue influence and encroachment on the jury’s decisional role. They add that making patent trial courts more specialized by technological area and hiring clerks with technological backgrounds might help courts to better understand technology issues without the need for an outside expert.