Design patents expert witnesses may provide reports regarding patent infringement, computer patents, design patents, and international patents and licensing. In DESIGN PATENT PERSPECTIVE: Use of Experts in Design Patent Cases, Robert G. Oake, Jr., answers the questions:
Do I need an expert?”
What issues can an expert testify on?
Over 1,000 plaintiffs are suing Merck & Co. in the Eastern District of Missouri over the birth control NuvaRing. The pharmaceutical company is charged with not warning women that the prescription medicine could cause blood clots and possible death. NuvaRing is different than other forms of birth control in that it dispenses hormones directly into the bloodstream which a plaintiffs’ pharmacology expert witness argues may cause “spikes” of hormones and lead to blood clots.
In Litigants Are Not Your Clients, expert witness marketing consultant Rosalie Hamilton offers the caution that rarely does good come from doing “legal work” for a non-legal client.
In the future, if/when you get a call from an individual, simply inform him/her that you do medical-legal consulting work only for attorneys, and they should ask their attorney to call you. If no attorney, pass. Too much risk for the pay.
Read more: http://expertcommunications.blogspot.com/
Materials expert witnesses may consult on material failure analysis, building materials, material testing, and industrial materials processing. SFgate.com reports this week that the new eastern span of the SF-Oakland Bay Bridge has bolts made from galvanized steel that is virtually identical to that banned for use on bridges due to cracking. Dr. Charles J. McMahon, Jr., Professor Emeritus, Materials Science and Engineering, says “this steel is almost guaranteed to give you cracking under these conditions.”
Caltrans is testing bolts on the bridge that are similar to ones that cracked when workers tightened them in March.
Patents expert witnesses may consult on design patents, international patents, licensing, and related issues. In Will Spanx Case Make Design Patents a Fashion Trend?, Legal Blog Watch writes:
The escalating patent battle between shapewear makers Spanx and Yummie Tummie over body-slimming camisoles has sparked discussion about what it and similar cases may mean for the future of design patents in the fashion industry.
Read more: http://legalblogwatch.typepad.com
Cell phone tracking expert witnesses may provide reports regarding electronic surveillance, internet and computer surveillance, cell phone tracking and associated matters. In INDIVIDUAL PRIVACY VERSUS CELLPHONE PINGING: The Tension between Modern Technology, Constitution and the Courts, Houston criminal lawyer John Floyd and paralegal Billy Sinclair describe cell phone pinging and how it can be subject to abuse, e.g. violation of privacy.
Read their discussion: http://www.johntfloyd.com/blog/2013/04/individual-privacy-versus-cellphone-pinging/
Ernst & Young’s Andre Toh testified as a business valuation expert witness in the trial against three Profitable Plots directors accused of cheating 86 clients in Singapore of more than $8M US. The fraudulent investment plan was the work of Timothy N. Goldring, John A. Nordmann, and Geraldine A. Thomas. Mr. Toh specializes in valuation and business modeling.
In Zithromax and Sudden Death, emergency medicine expert witness Barry E. Gustin, MD, MPH, FAAEP, FACFM, writes:
At one time or another, most of us have taken the antibiotic, Zithromax. It is one of the most commonly prescribed medications for conditions including bronchitis, pharyngitis, sinusitis, and others. The discussion that follows has to do with Zithromax’s side-effects, some of which are potentially life-threatening. Recently, I have seen a case in my emergency room of sudden cardiac arrest secondary to the cardiac effects of Zithromax. The FDA has recently warned of this phenomenon.
A recent FDA bulletin wrote that antibiotic azithromycin (Zithromax, Zmax; Pfizer) poses the risk of a potentially fatal irregular heart rhythm and therefore warrants careful screening of patients for this drug.
In Seven Costly Mistakes Attorneys Make With Medical Negligence Cases, Dr. Burton Bentley of Elite Medical Experts LLC writes:
Although the rate of negligence claims against medical providers has begun to level off, the cost of litigating these actions has risen dramatically. Vast amounts of time and money are lost when attorneys – whether retained by plaintiff or defense – pursue a non-meritorious case or litigate a worthy case inefficiently. Beware of the following costly errors:
MISTAKE #2: UTILIZING AN EXPERT WHO IS NOT BOARD-CERTIFIED BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES When credibility and professionalism is paramount, it is surprising that so many firms utilize experts with questionable credentials. Although the internet has provided countless means by which any “expert” can purchase “board certification”, there is only one universally accepted gold-standard for Board Certification: The American Board of Medical Specialties. The ABMS is a non-profit organization that oversees standards and certification for all twenty-four recognized medical and surgical specialties.
In Construction site injuries/fatalities OSHA expert witness Jon J. Pina writes:
Construction sites have ranked high on OSHA’s “hit list” for random inspections simply because of their high fatality rate. Due to the nature of different tasks among various contractors many hazards may exist and develop on a continual basis as work progresses. OSHA’s Multi-employer Directive is an enforcement regulation developed to coordinate activities to ensure contractors work safely and don’t create hazards for other contractor employees. The four entities of the Multi-employer Directive are the “controlling,” “creating,” “correcting,” and “exposing” employer.
Most fatalities are caused by falls from elevation, equipment struck-bys, electrical shock, and trenching cave-ins. The General Contractor (GC) or Construction Manager (GM) is usually the “controlling” employer by contract and ultimately responsible for the safety management of all parties. Job Safety Analyses (JSA) s, a valuable tool developed for all tasks and used in “toolbox” meetings, should be mandatory along with a site specific safety and health plan. All contractor and subcontractor safety and health plans should be at as strict as the safety and health program of the GC or GM.
