Share on LinkedInShare on LinkedIn

ARTICLE · 02 DECEMBER 2019

Effectively Using Experts In IP Litigation – Part 1: Theory

In IP litigation, expert testimony is common and important. Experts may provide the court with a scientific primer in highly complex cases. In patent litigation,...

CanadaInsolvency/Bankruptcy/Re-Structuring

In IP litigation, expert testimony is common and important. Experts may provide the court with a scientific primer in highly complex cases. In patent litigation, experts may construe complex claims through the eyes of a person skilled in the art, assess whether claimed subject matter was anticipated or obvious, or conduct tests to show infringement. In trademark cases, experts may conduct surveys to assess reputation or likelihood of confusion. For remedies, experts may model the marketplace or calculate the amount of damages suffered or profits earned as a result of infringement. The outcome of many high stakes IP cases has turned on expert testimony. It is therefore vital for every IP litigator to understand how to effectively use experts in their cases.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

See more popular content from