In the recent Arizona Supreme Court case of McAlister v. Loeb, 2025, the reliability and admissibility of a Patents Expert Witness testimony played a decisive role in the outcome of a complex patent dispute involving lost profits, licensing agreements, and allegations of professional misconduct.
Background and Parties
Roy McAlister, an inventor specializing in clean fuel technologies, held several patents through his company, McAlister Technologies, L.L.C. (MT). In 2009, MT entered into a licensing agreement with Advanced Green Technologies, L.L.C. (AGT), which subsequently retained the law firm Loeb & Loeb, L.L.P. for patent-related legal services. Disputes arose when McAlister alleged that AGT breached the licensing agreement and that Loeb & Loeb’s actions clouded MT’s patents, causing prospective licensees to withdraw and resulting in substantial lost profits.
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