Sorry, You Can’t Ghost Write The Expert’s Report
January 14, 2015
A district court in Michigan has rejected an IP expert’s invalidity opinion, after finding that the expert had spent only a few hours reviewing 2,600 pages of deposition transcripts and that his report was indistinguishable “down to the punctuation” from contentions that had been made by the defense months earlier. The expert was competent, the court found, but “had surrendered his role to defense counsel, and that is not how the adversary process works.” Akin Gump attorneys summarize the case, and clarify what an attorney generally may and may not do to assist an expert, and what the expert must do, to insure the court does not find a violation of Rule 26 of the Federal Rules of Civil Procedure.
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