Summary

The Claimant asserted that the Defendant had infringed their patent for an electric shower-waster pump and control unit. The trial related to liability only. Both sides criticised the other’s expert. The Judge rejected these criticisms noting that, while he reached conclusions that differed from the experts in various places, he did not consider either expert to be unreliable or that their evidence generally should be discounted.

Learning points

Learning points for instructing parties

• An expert can be incorrect without being biased or an advocate.

• Ensure that you have convincing evidence before criticising an expert’s independence or competence.

• Expending significant resources to support ad hominem attacks is unlikely to be money well spent.

Learning points for experts

• Your expertise and a complete understanding of your duties are your best defences against attacks on your independence and competence.

• Your past actions may be used as the basis for an attack. You should take the time to consider if there are any potential bases for these types of attacks and, if so, how you would respond should they arise.

• Avoid using adjectives like “strange” to describe the views of the opposing expert.

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