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Clash Of The Titans: Daubert V. Markman - Fact Experts In Legal Hearings, Sam S. Han

Sam Han

Almost every complex litigation invites participation from expert witnesses, typically designated as Daubert witnesses. Patent litigation is no exception, and almost all patent lawsuits involve multiple experts on a myriad of issues. During the course of patent litigation, a specialized proceeding, called a Markman proceeding, is required to properly construe the patent claims. Typically, Markman proceedings are dispositive of the entire case, since the party that wins the claim construction usually wins the infringement issues. Peculiarly, two Supreme Court cases create a practical schism in using Daubert experts for Markman hearings. Namely, the Supreme Court, in Markman v. Westview Instruments, …