Draft expert reports may be vulnerable to discovery
Experts may have heard that the federal discovery Rule 26 protects draft reports from discovery.
Marked-up draft expert reports may be discoverable
Federal discovery rule 26 expressly protects draft expert reports from discovery. But experts testifying in federal court know that this protection is by no means absolute. Questions as to the scope of protection persist, and a recent discovery ruling in a patent infringement case makes clear that concern over the strength of protection is warranted.
Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says
Court says under federal discovery rule applicable to expert testimony annotated draft expert reports are discoverable as to comments one expert made to other expert’s draft report and as to portion of the draft to which comment was made.
Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says
Court rejects Daubert challenge to lost profits and reasonable royalty analyses; court downplays importance of Panduit noninfringing-alternatives requirement and equates Georgia-Pacific analysis with apportionment between patented and unpatented features.
Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says
Court says under federal discovery rule applicable to expert testimony annotated draft expert reports are discoverable as to comments one expert made to other expert’s draft report and as to portion of the draft to which comment was made.
Bombardier Rec. Prods. v. Arctic Cat Inc.
Court says under federal discovery rule applicable to expert testimony annotated draft expert reports are discoverable as to comments one expert made to other expert’s draft report and as to portion of the draft to which comment was made.