Overview
Steptoe partner Jordan Markham and associate Michael Green authored an article titled "Beware Daubert Pitfalls With Technical Experts In Patent Suits," which appeared in Law360. The article examines how recent court decisions underscore the critical role of Daubert challenges in patent litigation, showing that expert testimony can be excluded when it lacks reliable methodology, sufficient factual support, or alignment with claim construction and applicable legal standards. The key takeaway for litigators is that expert admissibility must be built from the outset through careful expert selection, rigorous analysis, and clear documentation, as a single excluded opinion can significantly alter the outcome of a case.
Read more at Law360.
