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In Product Experience or Expert Experience?, patents expert witness James G. Rice writes:

Because patent litigation is one of the more complex areas of litigation, the expert witness is susceptible to making a critical mistake, for example, during a deposition. From my own experience, it appears that patent litigation is the foremost area of litigation in which technical issues can be strongly interwoven with legal issues. This can lead to the situation during a deposition where what may appear on the surface to be a relatively straight forward technical question can have critical underlying legal implications. I recall being asked during a deposition if a particular element of a claim was a “method.” The wording of the claim was not entirely clear on this issue and a less experienced witness might have simply answered “yes” and thus inadvertently have testified in effect that the claim was invalid. Although the attorney the expert is working with during preparation for the deposition may be excellent, it is difficult, if not almost impossible, to anticipate all of the avenues the opposing attorney may take during the course of a deposition. This makes it all the more important that the expert have strong experience in patent litigation.

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Workers’ compensation plans expert witnesses may testify on insurance policies, compensation claims, compensation benefits, and affiliated issues. In the news this week, the Massachusetts state Senate is evaluating legislation that would increase the penalty for business owners who do not have workers’ compensation insurance. Sponsored by Senator Katherine Clark, S519 would increase the misdemeanor charge to a felony.

Read more: http://www.malegislature.gov/Bills/187/Senate/S00915.

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In Security for Bars, Taverns and Nightclubs, bars and taverns security expert witness Ralph Witherspoon, CPP, CSC, writes:

Risks

What are your risks (in dollars) for criminal or negligent acts by your employees or on your property? or, direct costs/loss for such acts? or, litigation costs? or, loss of reputation and customers?

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Software patents expert witnesses may provide reports regarding computer patents, design patents, international patents and associated matters. In the news, United Services Automobile Association has filed a lawsuit stating they did not infringe on Mobile Deposit(R) patents issued to Mitek Systems. Mitek says the USAA branchless banking product infringes on their mobile deposit application.

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In Security for Bars, Taverns and Nightclubs, night club security expert witness Ralph Witherspoon, CPP, CSC, writes:

Risks

Some establishments have a history of fights or violence. These taverns or clubs often cater to a younger, more risk prone crowd. Trendy nightclubs, especially on weekends, may have long lines of young persons eager to get into the current “hot spot.” Some bars and nightclubs located near colleges and universities attract young (and frequently underage) people, who then often engage in “binge drinking” or other risky behavior. The playing of pop music, especially by a live band or DJ (often involving a pounding beat), may also be a risk factor since it often creates an atmosphere of intense physical activity, sometimes even reckless abandon. A flashing strobe light show or similar “enhancements” may also heighten the atmosphere, and the risk!

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In Alcohol Impairment, Robson Forensic bar and nightclub experts write that when when alcohol is identified as a factor in an injury incident, it is often assumed to be the only cause. Bars and lounges expert witnesses determine if alcohol played a causative or contributing role. Elizabeth A. Trendowski has been working in the liquor and hospitality industry for over twenty years and as an expert she evaluates the actions of establishments serving alcohol and addresses the standards of care in issues of underage drinking.

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Patent infringement expert James Bessen, a lecturer at Boston University School of Law, commented this week on the increase in patent litigation, specifically the $1.1B sale of AOL patents to Microsoft. Bessen studies the economics of innovation and patents. His book, Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk, highlights the problems caused by poorly defined property rights (“patent notice”).

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Antitrust expert witnesses may provide reports concerning unfair trade practices, the free market, and the Clayton Act. In the news, the Justice Department and several states have sued Apple Inc. and major book publishers in an antitrust lawsuit alleging a conspiracy to raise the price of electronic books. US Attorney General Eric Holder says the pricing practice has added $2 to $5 to the cost of each e-book.

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Parties in the case against Heartstone Management Inc., Texas City Assisted Living Ltd., IPH Health Care Services Inc. and Dr. Folasade M. Ojo are asking for more time for discovery and to hire medical and nursing home expert witnesses. Christopher Murphy died of acute renal failure and had infected wounds after a fall at the Texas City Heartstone assisted living facility.

The motion was filed before Judge Barbara Roberts, Galveston County Court.