Chris Pamplin considers how easy it is to choose the right expert
In all cases involving expert evidence it is important to try to ensure that the expert selected has the necessary skills, qualifications and experience to provide a reasoned and valid opinion on the matters at issue. This may sound obvious and straightforward, and access to a resource like the UK Register of Expert Witnesses can help, but it is sometimes difficult to determine exactly what constitutes necessary skills, qualifications and experience and, in grey areas, what weight should be attached to the evidence of an expert whose experience does not match exactly the requirements of a particular case.
Patent difficulties
In DataCard Corporation v Eagle Technologies [2011] EWHC 244 (Pat), [2011] All ER (D) 199 (Feb) the High Court considered the differing qualifications of the expert witnesses involved and set out principles for weighing these qualifications.
The case revolved around the validity of patents related to different aspects of the printing of plastic cards, such as credit cards. DataCard sued Eagle Technologies for two patent infringements. One related
