Even before evaluating the admissibility of evidence before a judge or jury during a trial, Daubert sets forth a gatekeeping standard for the reliability of proffered evidence. Given the technical nature of patent disputes and the necessary expertise of experts for these types of cases, patent infringement can provide ample opportunities to challenge the reliability of an expert's methodology. As seen above, one consideration is whether the expert has been able to oversee and direct the testing themself, or whether they relied upon information provided by a potentially biases party to draw their conclusion.
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