Law Commons^™

Get On Board For The Ride Of Your Life! The Ups, The Downs, The Twists, And The Turns Of The Applicability Of The "Gatekeeper" Function To Scientific And Non-Scientific Expert Evidence: Kumho'sexpansion Of Daubert, Leslie Morsek

Akron Law Review

This Comment examines the history of scientific and non-scientific expert evidence, its current status, and the future of scientific and non-scientific evidence based on recent court decisions. Part II explores the background of these issues by examining the earlier standard for admitting expert testimony, the effect of Congress’ promulgation of the Federal Rules of Evidence, and the influential cases in this area. Part III analyzes the importance of subjecting nonscientific expert testimony to the same rigors as scientific expert testimony. Lastly, Part IV predicts the future of expert evidence.

Selecting An Appropriate Damages Expert In A Patent Case; An Examination Of The Current Status Of Daubert, Michael H. King, Steven M. Evans

Akron Law Review

The determination of damages is a critical part of any patent case. As a plaintiff, maximizing awarded damages, whether financial or injunctive, is the ultimate objective of the patent case. As a defendant, minimizing or preventing any awarded damages is the ultimate objective.

Multimillion dollar verdicts in patent cases are now the norm and hundred plus million dollar verdicts are becoming more frequent. A lawyer who fails to devote sufficient time to this critical component of a case does the client a disservice.

There are generally two types of damages in patent cases: lost profits and a reasonable royalty. A …