Expert witness for IP issue

[Peter6]

Is the main task of an expert witness only to provide his/her opinion on if he/she see the disputed confidential information or IP is used in suspect product as fact witness?

I guess that fact witness expert is not on the position to provide opinion on how the method or technical stuff or IP was obtained by other party or if it is developed by other party themselves, given that matter will be decided by the court and evidences provided?

Thanks

 

[Rob Legat - SBPL]

The first three general things to know about expert witnesses are:
1. They are a witness for the court/tribunal. That's a notional, but important, consideration. Although engaged by one party, their evidence is there to assist the court/tribunal with technical expertise.
2. Experts are given a brief of information and asked to respond to specific questions/issues.
3. They are only experts in the areas they can establish themselves as experts. That means they need to constrain their evidence to the areas in which they can demonstrate they have the requisite knowledge, qualification and expertise.

How the IP was obtained by one party or the other? That's not something an expert should be commenting on, unless that it their particular area of expertise.

If the question doesn't go past general or legal knowledge requirements, it will be a question of fact for the court or tribunal.

 

[Peter6]

Thanks

 

[Leonard Mancini]

Experts in ip cases generally give opinion evidence about the validity of ip And whether its been infringed. The basis for infringement opinion usually comes come other witnesses of fact who put evidence on like seminar presentations seen by the witness.