I’m happy to report that Thomson-West has published “Expert Witnesses: Intellectual Property Cases” (table of contents; index).
I wrote the first two chapters: “Disclosing Expert Witnesses Under the Federal Rules: an Overview” and “Trademark Experts.”
My law partner, Kathleen Petrich, wrote the chapter on patent experts. Mark Lee of Manatt, Phelps & Phillips, LLP, wrote the chapter on copyright experts. Melvin Jager of Ocean Tomo, LLC, wrote the chapter on trade secret experts.
I can safely say the book fulfills a clear need in the market for intellectual property reference books. There just isn’t much written about the nuts-and-bolts practicalities of using experts in intellectual property cases. The trademark chapter covers typical subject areas in which expert testimony is offered, survey evidence, and why experts are excluded. It also includes sample expert reports and testimony.
A lot of Saturdays and Sundays went into my part of the book. I’m glad it’s done and hope folks will find it useful.
Thomson-West has priced it at $200.