"When not to use a patent law expert at trial," R. Eric Gaum, Esq.

The U.S. Court of Appeals for the Federal Circuit recently ruled in Sundance, Inc. v. Demonte Fabricating Ltd. that a patent law expert should not have been allowed to testify because he was not qualified as an expert witness on the issues of infringement and validity. The Court held that admitting testimony from an individual with no skill in a pertinent art serves only to cause mischief and confuse a judge or jury. Unless a patent lawyer is also a qualified technical expert, his or her testimony on technical issues is improper and inadmissible.