Best Practices for Working with IP Damages Experts Based on an Unprecedented Study of Case Outcomes
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Deepa Sundararaman and Dr. Cleve B. Tyler discussed the findings of their recent study, “A Detailed Study of Court Decisions on Admissibility of Intellectual Property Damages Experts” (published in Texas Intellectual Property Law Journal), with Mayer Brown partners Melissa Anyetei and Manuel Velez.
The panelists addressed:
- Top takeaways for practitioners and experts on assessing whether to challenge an expert’s opinion and on what grounds
- Trends in expert testimony exclusion
- Substantive reasons for admissibility challenges
- Disparities in exclusion rates between districts and judges
- The impact of the Supreme Court’s Heartland decision on exclusion rates
- Recent changes to Federal Rule of Evidence 702, which guides the admissibility of expert testimony, and their potential impact on admissibility
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