• Expert Evidence
in IP Litigation: Recent Trends and Developments
As noted in the footnotes, Articles 5 and 6 deal with Expert evidence
. However, there is no indication as to when party or Tribunal Expert evidence
is preferred--the Rules simply provide for the two options.
The second part of the process, if any, is the giving of concurrent expert evidence
Timothy Moulton, from Maxwell Hodge Solicitors, said: "Mr Wright sustained a serious injury to his ankle which expert evidence
we obtained on Shaun's behalf suggested was not appropriately treated on two occasions by the trust's doctors."
Under Daubert, the trial judge must preliminarily determine the reliability of expert evidence
by conducting an assessment of whether the expert's reasoning or methodology is scientifically valid and can be applied to the facts at issue.
The line where information generated by software crosses into the realm of expert opinion is drawn on a case-by-case basis, and in the Court's words "[t]here is no automatic or universal rule that computer-generated reports are inadmissible hearsay, or only admissible through expert evidence
" (at para 25).
The failure to consider the validity and reliability of techniques and derivative opinions, or the possession of relevant expertise, as part of the admissibility determination or the application of mandatory and discretionary exclusions means that speculative opinions and impressions are frequently (mis)represented, and presumably treated, as independent and reliable expert evidence
. This evidence might be probative, but it might not be.
The judge granted summary judgment for the defense after he excluded Valente's expert evidence
following a Daubert (26) hearing on the reliability of the methods the expert used in arriving at his conclusions.
The court heard that extensive expert evidence
will be called on both sides at any eventual trial at a date to be fixed next year.
Zaremba says in court documents that the board ignored expert evidence
and public utility laws in making its decision.
There is still no confirmation whether the weapon was used in the murder of the five people near Smilkovci but the expert evidence
In this article, we address the following issues: (1) the admissibility and use of graphics and presentations as demonstrative aids, (2) presenting factual evidence using these types of demonstrative aids, (3) presenting expert evidence
using these types of demonstrative aids, (4) the use of demonstrative aids in opening argument, and (5) the use of demonstrative aids in closing argument.