Patent Law

The following is excerpted from an article by Charles S. Fax, Litigation News Associate Editor, in the Winter 2010 print issue of the ABA Litigation News (public link to article appears defective, membership required to access):

Four changes are proposed for [adoption on December 1, 2010 for] Rule 26:

1. First, parties must disclose the topic on which an expert who is not subject to the formal report requirement will testify, plus a summary of the facts and opinions to be offered.
2. Second, the ?data or other information? considered by an expert, rather than the ?facts or data? considered, must be disclosed.
3. Third and fourth, work-product protection is extended to draft expert reports and expert-attorney communications (with three exceptions).