In a recent decision, the Federal Circuit provided guidance on the qualification of expert witnesses in #patent cases. The case in question centered on a challenge to the plaintiff’s technical expert. Defense counsel argued that the expert lacked specific experience in diagnostic imaging at the time of the alleged invention. They attempted to differentiate this […]
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Expert Witnessing on Voice Biometrics in Patent Litigation
Introduction Biometrics – the automated recognition of a person based on a physiological or behavioral characteristic – serves an important role. Photo ID cards, smart cards, magnetic stripe cards, and physical keys can be lost, stolen, duplicated, or left at home. Passwords can be shared, forgotten, or observed. If well implemented, biometric identification can provide […]
Changes to admissibility criteria for expert testimony
The changes to Federal Rules of Evidence 702, now six months old, have brought significant impacts on expert testimony admissibility. In this article, Daniel Callaway and Tim Horgan-Kobelski of FBM analyze the effects so far. As highlighted by the authors, the consequences of a successful Daubert motion can be pivotal in shaping the course of […]
The Cybersecurity Sword Hanging Over Medical Device Manufacturers
Introduction In September 2023, the U.S. Food and Drug Administration (FDA) issued a pivotal guidance document titled Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions. This guidance aims to bolster the cybersecurity of medical devices, thus safeguarding patients, healthcare facilities, and the broader healthcare ecosystem from cyber threats. The new regulations […]
Choosing an Expert Witness in an AI patent case
This article provides context around the intense interest in intellectual property in the AI or machine learning field and considers what attorneys should look for when they need to retain an expert in this field. We previously considered the algorithm and software landscape for expert witnesses; here we look at the specifics of AI cases. […]