Publications

Total Documents: 23

 

Practical issues – selecting an expert and getting the best out of them

Document No: PUB 11/11 Posted: 13 February 2012
Expert evidence is crucial in litigation before the English Patents Courts. A good expert witness will safely guide the Court through the perils of infringement and validity, but the corollary is that an apparently strong case can be defeated due to poor expert evidence. Although identifying the right expert is important, it is also vital to ensure that evidence from a good expert witness is not undermined by defective instructions or inadequate preparation. Perhaps most importantly, expert evidence must remain (and be seen to be) impartial, because any bias will quickly become apparent under robust cross-examination. This article examines a range of practical steps that can be taken to maximise the chances of a favourable expert performance in infringement and validity actions before the English Patents Court.

Privilege

Document No: PUB 14/10 Posted: 14 December 2010
  1. Attorney-client privilege in the UK Courts, especially for patent and trade mark attorneys
  2. Privilege in the proposed European and European Union Patents Court (EEUPC)
  3. Attorney-client privilege in European Commission competition law investigations
  4. Practical implications

Patent Quality

Document No: PUB 11/10 Posted: 14 December 2010

It is a basic requirement of a good patent system that granted patents should be of high quality: i.e., the patents can be presumed valid with a high degree of cer­tainty. Those states and regional groups that provide for search and examina­tion before grant should carry out these procedures to a high standard; while those states that do not examine before grant should be able to rely on the international system (PCT) and/or the work of examining offices to achieve quality.

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