Showing results 1-2 of 2.


  Phillips v. AWH Corp. - Federal Circuit

Decided: 7/12/2005

We have also held that extrinsic evidence in the form of expert testimony can be useful to a court for a variety of purposes, such as to provide background on the technology at issue, to explain how an invention works, to ensure that the court's understanding of the technical aspects of the patent is consistent with that of a person of skill in the art, or to establish that a particular term in the patent or the prior art has a particular meaning in the pertinent field. ... During so called Markman "hearings," which are often longer than jury trials, parties battle over experts offering conflicting evidence regarding who qualifies as one of ordinary skill in the art; the meaning of patent terms to that person; the state of the art at the time of the invention;

Cited 84 times
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  Torres v. CARNIVAL CORPORATION - 11th Circuit

Decided: 11/20/2015

"[I]n determining the admissibility of expert testimony under Rule 702, we engage in a rigorous three-part inquiry": (1) the expert must be "qualified to testify competently" concerning the subject matter he addresses, (2) the expert's methodology must be "sufficiently reliable," and (3) the expert's testimony must "assist[] the trier of fact" in understanding scientific or technical evidence. ... "The proponent of expert testimony always bears the burden to show that his expert is qualified to testify competently regarding the matters he intended to address; the methodology by which the expert reached his conclusions is sufficiently reliable; and the testimony assists the trier of fact."

Cited 0 times
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