Experts in Patent Cases: A Three-Part Examination of Federal Rules of Evidence 701-706

摘要

The first article in this three-article series, which appeared in the April 2018 issue of the Intellectual Property & Technology Law Journal, addressed critical differences in how the Federal Rules of Evidence apply to fact and expert witnesses and strategic considerations for offering lay testimony under Rule 701 or expert testimony under Rule 702. This article examines Rules 703 and 705, which govern the types and disclosure of information underlying expert opinions. Taken together, Rules 703 and 705 establish a framework for the permissible bases of an expert's opinion and their disclosure. The third article, which will appear in an upcoming issue of the Intellectual Property & Technology Law Journal, examines court-appointed experts under Rule 706.