Articles Posted in Researching Experts

Entertainment expert witnesses may opine on motion picture distribution, media formats, and media piracy. The Motion Picture Association of America website describes how rogue websites traffic in stolen movies, TV shows, and music or even counterfeit prescription medications and other goods.

These sites are located throughout the world, and while they often look legitimate – featuring advertising from reputable companies, accepting major credit cards – they’re really online havens for theft, enabling criminals to profit from content or intellectual property they had nothing to do with creating.

Video content expert witness Robert Schumann currently holds 13 issued and 11 pending US patents with many having foreign equivalents. These patents cover a broad range of technologies including digital watermarking, forensic watermarking, digital video analysis, digital video processing, digital video compression, digital video display, real-time systems, transaction processing, operating systems, and file management as well as DMCA technologies such as content encryption, key management, content protection, and anti-tamper technologies.

In REASONABLE ROYALTIES AND THE ENTIRE MARKET VALUE RULE, royalties expert witness Michael A. Einhorn, Ph.D. writes:

Market-based royalty agreements based on negotiated bases and rates in comparable licenses then are practical guideposts that any court can consider in determining a reasonable royalty benchmark. There is no reason to attempt to determine whether the licensed feature drives demand. Nor is there much need to ponder whether the individual infringing and non-infringing components are sold together so that they constitute a functional unit or are parts of a complete machine or single assembly of parts, nor whether the component have a real or anticipated financial basis for market demand, single assembly, and a functional unit basis for market demand, single assembly, and a functional unit.

Insurance expert witnesses may advise on issues involving insurance claims, insurance adjusters, insurance agencies, and insurance rates. In the news this week, Senator Mike Johanns is looking into whether the 90% increase in long term care insurance quoted to a 67 year old Nebraska woman is justified.

On his website, patents expert witness Manfred E. Wolff writes:

Crucial goals in patent preparation to minimize such pitfalls–both “design around” attacks and invalidation attacks–include strict attention to the question “what is the correct identification of the invention”; full disclosure of the invention; fully enabling the invention; correct listing of inventorship; clear understanding of the prior art; and the preparation of broad, carefully crafted claims that are fully supported by the disclosure.

The utilization of patent professionals who have broad managerial experience in industrial pharmaceutical R&D–particularly when the inventors are relatively inexperienced regarding some of these pitfalls–markedly facilitates the attainment of these goals and is a highly effective means to produce bullet-proof patents. Intellepharm patent professionals have the experience and insight into these issues to make this possible.

In The Use of an Insurance Expert, insurance claims expert witness Barry Zalma writes:

In California, and other states, an expert must have some first hand experience in insurance and insurance claims handling to qualify to present testimony. Once qualified it is essential that the expert is able to credibly explain to a trier of fact, in easy to understand language, to the party seeking to prove bad faith or a defense to bad faith. A qualified insurance claims handling expert can explain why or why not the insurer reasonably, prudently and in good faith should reject or accept an insured’s claim. The testimony of the expert can defuse, if not eliminate, the plaintiff insured’s allegations of bad faith. A qualified expert can show that an insurer failed to fulfill the custom and practice of insurers in the jurisdiction.

On his website, patents expert witness Manfred E. Wolff writes:

In today’s competitive environment, existing pharmaceutical patents are at risk from a number of pitfalls.

In particular, “Designing Around” (i.e., developing a chemical entity, device, or method that avoids the claims of an existing patent) is a legal means for producing new products to compete with existing patented products.

In How to Avoid Charges of Bad Faith, insurance expert witness Barry Zalma writes:

Almost every lawsuit filed against an insurance company, especially when a claim is denied, alleges that the insurer acted in bad faith. In the first party context, bad faith claims typically allege that the insurer did not have a reasonable basis to deny coverage, and that the insurer engaged in unfair or deceptive conduct in the process of handling the claim and reaching its conclusions regarding coverage. In the third party context, there is typically an allegation that the insurer failed to timely settle a claim in which liability had become reasonably clear. Insurers, with unfounded courage, deny claims based on the recommendations of a claims handler whose experience may be, and usually is, limited.

Trucking expert witnesses may testify on trucking safety, commercial motor vehicles, truck maintenance, and related matters. In the news this week, Bendix Commercial Vehicle Systems has notified customers and the National Highway Traffic Safety Administration that its ATR-6 valves installed on as many as 60,000 vehicles may be faulty and cause breaking problems. Many of the vehicles manufactured between Dec. 2, 2010 and Jan. 18, 2012 will be retrofitted and delivery of new vehicles has been postponed.

Read more: http://www.bendix.com/en/.

In Experts – Be Wary of What You Post Online construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Recently I followed a discussion wherein an expert was seeking opinions on how to best present a complex testing method in his report to a jury. Several experts responded, each with his or her advice and opinion. However, as the discussion progressed, it became a debate on the types of testing methods and the accuracy of each, the point of the original question (how to best present and explain the expert’s findings) quickly getting lost. The ramification of these experts publicizing their opinions on the testing methods – possibly being used against them in their future cases – was ignored.

A good policy is to keep any questions and queries to other experts private. You can call experts you know. You can even look up experts on the Internet and call them. You will find that most are willing to extend professional courtesy to you by sharing their experience on the question at hand. But do not use email, as it is discoverable as well.