Kaufhold & Dix Patent Law’s Post

In December 2023, Rule 702 of the Federal Rules of Evidence, which governs the admissibility of expert testimony, was amended. The first amendment clarified that the party offering an expert opinion must demonstrate that all requirements for admissibility have been met by a “more likely than not” standard. The second amendment clarified that the court (i.e., the judge), and not the jury, must decide the reliability of the expert testimony. Basically, these amendments emphasize the court’s role as a gatekeeper, and may make it easier to limit or exclude expert testimony before it reaches the jury. A party trying to oppose the expert’s testimony may be able to successfully argue that the expert’s methodology is flawed, and that the expert’s opinion is therefore not indicative of a reliable application of scientific principles and methods to the facts of the case. However, questions of fact remain under the purview of the jury. Proponents of the expert testimony may accordingly find success by arguing that the challenge to the expert testimony involves a factual dispute, rather than a dispute about the scientific methodology. #patents #iplaw #experttestimony

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