 |
English
|
正體中文
|
简体中文
|
Post-Print筆數 : 27 |
Items with full text/Total items : 110944/141864 (78%)
Visitors : 47849460
Online Users : 771
|
|
|
Loading...
|
Please use this identifier to cite or link to this item:
https://nccur.lib.nccu.edu.tw/handle/140.119/81782
|
| Title: | Qualification of Expert Witnesses in United States Patent Litigation: A Review of Federal Circuit Case Law Regarding Rule 702 of the Federal Rules of Evidence |
| Other Titles: | 論美國專利訴訟之專家證人資格─以美國聯邦巡迴上訴法院與聯邦證據規則第702條有關之判決為中心 |
| Authors: | 陳秉訓
Chen, Ping-Hsun |
| Contributors: | 科管智財所 |
| Keywords: | Nonobviousness;Patent Litigation;Expert Witness;Rules of Evidence;Damages Calculation |
| Date: | 2014-06 |
| Issue Date: | 2016-03-02 16:46:24 (UTC+8) |
| Abstract: | Expert witnesses serve an important role in United States patent litigation. Patent litigation often involves complex technological issues. Technical experts are needed to help a judge interpret claim language or to assist a jury to understand patented technology or infringing products. When resolving the patentability issues, such as anticipation and obviousness, technical experts are good consultants for factfinders. Additionally, damages calculation requires knowledge of industries and financial or accounting theories. Damages experts must get in to resolve the issues of monetary remedies. While expert witnesses play an important role in patent litigation, fewer studies explore the relevant case law about the qualification of experts or the admissibility of expert opinions. So, this paper is intended to address Federal Circuit case law regarding those issues. While Title 35 of the United States Code speaks nothing about expert witnesses, Rule 702 of the Federal Rules of Evidence is the only statutory basis for the requirements of qualified experts. In this paper, the case law review begins by examining the judicial interpretation of Rule 702. Three U.S. Supreme Court cases and several Federal Circuit cases will be analyzed. Then, this paper focuses on two categories of experts: technical experts and damages experts. Cases related to either category will be discussed. While Rule 702 requires an expert to have “scientific, technical, or other specialized knowledge,” it is opt to a district court judge to admit or exclude expert witnesses or expert opinions as evidence heard by a jury. Besides, the Federal Circuit’s review standard is an abuse of discretion. So, a district court judge usually has much leeway. Furthermore, based on the analysis of the Federal Circuit cases, this article provides legal principles or propositions related to expert testimony. |
| Relation: | 科技法學評論, 11(1), 155-220 |
| Data Type: | article |
| DOI 連結: | http://dx.doi.org/10.3966/181130952014061101005 |
| DOI: | 10.3966/181130952014061101005 |
| Appears in Collections: | [科技管理與智慧財產研究所] 期刊論文
|
Files in This Item:
| File |
Description |
Size | Format | |
|---|
| 407255.pdf | | 367Kb | Adobe PDF2 | 496 | View/Open |
|
All items in 政大典藏 are protected by copyright, with all rights reserved.
|
著作權政策宣告 Copyright Announcement1.本網站之數位內容為國立政治大學所收錄之機構典藏，無償提供學術研究與公眾教育等公益性使用，惟仍請適度，合理使用本網站之內容，以尊重著作權人之權益。商業上之利用，則請先取得著作權人之授權。
The digital content of this website is part of National Chengchi University Institutional Repository. It provides free access to academic research and public education for non-commercial use. Please utilize it in a proper and reasonable manner and respect the rights of copyright owners. For commercial use, please obtain authorization from the copyright owner in advance.
2.本網站之製作，已盡力防止侵害著作權人之權益，如仍發現本網站之數位內容有侵害著作權人權益情事者，請權利人通知本網站維護人員(
nccur@nccu.edu.tw)，維護人員將立即採取移除該數位著作等補救措施。
NCCU Institutional Repository is made to protect the interests of copyright owners. If you believe that any material on the website infringes copyright, please contact our staff(
nccur@nccu.edu.tw). We will remove the work from the repository and investigate your claim.
