Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
Experts engaged by the parties: experts are frequently engaged by parties to proceedings, both in Patent Office litigation and in infringement litigation before district courts. Foreign experts may file their opinions in English. During trial, the experts will be cross-examined on their opinions.
Court appointed experts: in proceedings before the Patent Office, no experts are appointed by the Registrar. If necessary, the Registrar is aided by one of the examiners.
A district court trying an infringement action may appoint an expert. The court-appointed expert may be cross-examined by both parties (plaintiff and defendant). The default rule is that a court-appointed expert renders parties' expert opinions inadmissible. Pending final judgment, the parties will typically be ordered to share the costs of the court-appointed expert.
The District Court also has power to appoint an assessor (a scientific adviser) who assists the judge in taking evidence and may render advice to the judge, but shall not take part in rendering the judgment. The costs for the court-appointed scientific adviser are paid by the State Treasury.