Proposed Amendments to Federal Rules of Evidence Governing Expert Testimony

摘要

Patent litigators commonly utilize experts to explain complex and technical issues of patent invalidity, patent infringement, and damages to the jury. Expert testimony is often critical in swaying a jury, so parties often file motions to disqualify experts from the opposing side. Expert testimony is governed by the Federal Rules of Evidence (FRE) which requires that expert testimony meet certain standards of reliability. In May 2022, the Advisory Committee on Evidence Rules (Advisory Committee) unanimously approved proposed amendments to Rule 702 of the FRE. The amendments emphasize "preponderance of evidence" as the proper evidentiary standard and highlight the trial court's role as gatekeeper for expert testimony.The Supreme Court is expected to review the amendments soon, and if approved, the changes will take effect in December 2023. The admissibility of expert testimony is governed by Rule 702, which states that expert testimony must (a) help the trier of fact understand the evidence or determined a fact at issue, (b) be based on sufficient facts or data, (c) be based on reliable principles and methods, and (d) be based on principles and methods reliably applied to facts of the case. The purpose of Rule 702 is to ensure that only reliable expert testimony is allowed at trial. The proposed amendments to Rule 702 are below (italics to indicate added language and strikethroughs to indicate deleted language).