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Patent Law

: Philip Brooks’ Patent Infringement Updates

Daubert Motions: Keys To Offering & Defending Expert Opinions

By Philip Brooks

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National Constitution Center is hosting the above titled audio conference on February 18, 2009.  The speaker for the program is Clifton Hutchinson, a partner in the Dallas office of at K&L Gates, where he specializes in complex litigation and scientific expert issues, and is a frequent speaker and author on expert evidence and Daubert challenges.

The seminal case of Daubert, and a series of subsequent cases and revisions to Federal Rules of evidence have remade the law pertaining to expert testimony. But how and when do you effectively bring a challenge post-Daubert? How should you respond to a challenge of admissibility? Join us for a 60-minute audio conference where you and your colleagues will discover:

  • An "expert" defined: Laws governing admissibility of testimony
  • How to draft a Daubert motion: Keys to challenge expert witness testimony
  • Strategies for protecting your expert from a Daubert challenge
  • Expert disclosure: How to use Rules 26(f) and 26(a) to your advantage
  • Key factors to consider when selecting an expert

PROGRAM HIGHLIGHTS

Tips For Effectively Presenting Daubert Motions

  • Keys to expose opposing experts' lack of specialized knowledge
  • Using the expert's deposition to set up your Daubert challenge
  • Strategies you can use to attack the experts' theory
  • Daubert factors: Evaluating the reliability of evidence

Challenging Daubert Motion: What Matters Most

  • When should you challenge expert testimony?
  • How to apply gatekeeping to technical & non-scientific experts
  • Testing of the expert's theory: Emerging case law
  • Key differences between general & specific causation

Tactics For Successfully Defending A Challenge

  • Methods of circumventing Daubert: Lay witness testimony & more
  • Tactics for selecting and preparing your experts for deposition
  • The Daubert hearing: Practical considerations
  • The use of non-testifying experts as a disclosure shield

More information and registration details are available here.

Full post as published by Philip Brooks’ Patent Infringement Updates on January 29, 2009 (boomark / email).

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