Expert Witness Blog

Patents expert witnesses may consult on software patents, invention patents, and international patents, as well as related issues. The Leahy-Smith America Invents Act (AIA) went into effect March 16, 2013. Patent applications will be judged by “first to file” replacing “first to invent.” The USPTO Release 13-10 USPTO Publishes Final Rules and Guidelines Governing First-Inventor-to-File states:

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today published final rules of practice implementing the first-inventor-to-file provision of the Leahy-Smith America Invents Act (AIA). The provision, one of the hallmarks of the AIA, is a major step towards harmonization of the U.S. patent system with those of the United States’ major trading partners, allowing greater consistency in the prosecution and enforcement of U.S. patents. The AIA also includes safeguards to ensure that only an original inventor or his assignee may be awarded a patent under the first-inventor-to-file system. The first-inventor-to-file provision of the AIA goes into effect on March 16, 2013, and represents the final implementation of the changes mandated by the AIA.

Hours of service expert witnesses may write reports and testify on trucking, the trucking industry, and trucking and transportation rules and regulations. The DOT website states that most drivers must follow the HOS Regulations if they drive a commercial motor vehicle.

The Hours of Service of Drivers Final Rule was published in the Federal Register on December 27, 2011. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013.

Read more: http://www.fmcsa.dot.gov/

Trucking expert witnesses may opine on issues involving the trucking industry, the Department of Transportation, trucking safety, truck maintenance, and trucking and transportation rules and regulations. The Federal Motor Carrier Safety Administration maintains a company safety records database that is searchable by company name, USDOT number, or motor carrier number.

http://www.fmcsa.dot.gov/safety-security/sites/company-safety.htm

Insurance expert witnesses may advise on issues involving insurance claims, insurance adjusters, insurance agencies, and insurance fraud. The Insurance Claims And Issues blog entry A SHORT VISIT TO THE ADJUSTMENT OF CLAIMS discusses adjusters and independent adjusters.

Adjusting insurance claims sometimes seems like the opposite of what Mark Twain said about the weather: ‘Everybody is doing something about it, but nobody talks about it.’ This article will focus on that issue.

Claims are adjusted by an adjuster who is someone in the employ of the insurance company, or specially retained by it for a given claim or set of claims.

Internet expert witnesses may consult on social media, internet browsers, internet security, and related matters. In the news, Google Inc. will pay $7M to 38 states over its collection of personal data from 2008 to May 2010. Google Street View cars drove down public streets and gathered WiFi network information for their geolocation services. Google Senior Vice President and General Counsel Kent Walker signed an Assurance of Voluntary Compliance on March 8, 2013.

Read document: http://hawaii.gov/dcca/ocp/news-releases/Assurance%20AVC%20Google.pdf

Software expert witnesses may opine on application software, business software, computer software, and associated matters. In the news, the LA Times reports that European Union antitrust officials fined Microsoft Corp. $731M for failing give a browser choice in Windows. Microsoft had agreed to include a browser selection in Windows 7 but did not for 14 months starting in February 2011 with Windows 7 Service pack 1. Microsoft reported the option was still there and sited technical errors.