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Self-Driving Cars Expert Witness: Physics Drives the Technology

Introduction Self-driving cars incorporate a raft of new technologies. Among several drivers of adoption, the business models of well-funded ride-hailing services depend on rapid introduction of vehicle autonomy. In this environment, IP attorneys should expect increasing patent litigation around the enabling technology and as such may require the assistance of autonomous vehicle expert witnesses. Self-driving… read more

Artificial Intelligence (AI) & Medical Imaging Expert Witness: Radiology’s Future

Introduction Artificial intelligence, machine learning and neural networks are continuously in the news. Beyond self-driving cars and movie recommendations, AI is used in an increasingly broad set of applications. For example: Fraud litigation prediction (1) Predicting whether construction projects will go wrong (2) Cyber-forensics (3) Radiology research (4) using image networks designed to learn by… read more

Medical device software expert witness: effective source code review

Patent litigation – on both the plaintiff’s and defense sides – often requires detailed examination of source code. Determining whether a product infringes a patent is increasingly a question of software. Why is this, and what should a litigator look for in a source code review expert witness? A prescient article In 2011, Marc Andreessen,… read more

Medical Imaging/Medical Device Patent Expert Witness: Prior art

Frequently in patent litigation, the outcome hinges on the quality and quantity of prior art. Research into prior art is valuable in District Court cases, those before the International Trade Commission (ITC), and at the Patent Trials and Appeals Board (PTAB). Common sources of prior art for medical imaging and medical device patent experts When… read more

The Seven Deadly Sins for Expert Witnesses

By Steven Babitsky, Esq. The 7 deadly sins, which can help ruin or destroy an expert witness’s career are: 1. Greed 2. Sloth 3. Wrath 4. Pride 5. Arrogance 6. Envy 7. Gluttony • Experts do not intentionally fall prey to these sins but often succumb gradually on a slippery slope. • Experts are well-advised… read more

Future Medical Treatment: Methodology

When physicians conclude that a car accident victim needs radiofrequency ablations (RFAs) for life, the court may intervene to limit this testimony. The US District Court (E.D. Louisiana) dealt with physicians who opined that the plaintiff would need RFAs for the remainder of his life. The life care planner relied on this opinion to formulate… read more

Hospital Expert Witness on Diagnostic Errors

By Stephen Broomes MD Introduction Diagnostic errors are a failure to provide an accurate and timely explanation of the patient’s health problems or communicate that explanation to the patient (World Health Organization). Scope of the problem: Diagnostic errors affect an estimated 12 million Americans, and likely cause more harm to patients than all other medical… read more

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