Saturday, July 31, 2021 1:19:17 PM
Depositions of fact witnesses and expert witnesses, and the document evidence that those witnesses present in their respective reports, do circumscribe what is usually presented at trial by way of witness testimony and documents discussed by those witnesses.
In the ~150 patent infringement suits in which I was deposed and 43 trials in which I actually testified, the above paragraph describes the specific knowledge base on which I operated. I had the advantage in those 43 trials of hearing everything said by everyone during actual trial proceedings. Common sense and educational background entered the picture too.
I think you are asking whether predictions can be be made, from the evidentiary base above, what rulings a judge or jury will make at end of trial.
The fact remains that neither you nor I have the privilege of entering the mind of an actual trial judge or jury. I worked with numerous judges as an advisor during my 10-year career in the federal judiciary thinking I knew them well enough to be able to predict how they would rule in a given proceeding. Most of the time I was correct in my prediction; sometimes I was surprised.
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