Patent Litigation: Infringement Expert Direct Examination Outline | Practical Law
A sample direct examination outline for the trial testimony of a patent owner's infringement expert. This model outline addresses the expert's background and qualifications, the asserted patent, the relevant technology, the accused product, and the expert's opinions concerning literal infringement, infringement under the doctrine of equivalents, divided infringement, and indirect infringement. The outline also includes optional sections on commercial embodiments and technical opinions supporting the patent owner's damages claim. This Standard Document has integrated drafting notes with important explanations and drafting tips.